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Re: [infoguys-list] LAW or JUSTICE

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  • Priority
    AN ENGLISH PERSPECTIVE As US State and Federal Law is broadly based upon English Common Law, it is as well to take into consideration when responding to the
    Message 1 of 2 , May 31, 2000
      AN ENGLISH PERSPECTIVE

      As US State and Federal Law is broadly based upon English Common Law, it is
      as well to take into consideration when responding to the "Challenge" that
      the principle of precedent is a fundamental part of the Common Law System.
      This by definition, allows the broadly accepted Rules of Society (Law) to
      change and modernise in tandem with changes in Society as time progresses.
      Common Law being defined as those laws which have existed from time
      immemorial, and which are interpreted by the Courts according to the
      changing social demands and practices relevant at the time of determination.
      Thus Precedent is a very valuable tool in dealing with the rapidly changing
      standards of life.

      Perhaps even more important, the use of Precedent acts as a control factor
      to new Statutes introduced by the Legislative Bodies.

      Respectfully submitted


      Priority Investigations
      Head Office
      Belfast N. Ireland.

      ----- Original Message -----
      From: <specsense@...>
      To: <infoguys-list@egroups.com>
      Sent: Wednesday, May 31, 2000 4:19 PM
      Subject: [infoguys-list] LAW or JUSTICE


      > WHEREAS
      > 1. Justice is a stated goal of the US Constitution.
      > 2. Justice was understood to transcend law.
      > a. Common Sense, Tom Paine - "law and government unnecessary while
      > (people) remained perfectly just to each other"
      > 3. Performance of justice is assigned only to the Judiciary.
      >
      > THEREFORE
      > 1. Legal precedent should not be a deciding factor in court decisions.
      > 2. The 101st(I think) Congress' adjustment of the federal judge's
      > oath placing judicial activity "under" law was unconstitutional.
      >
      > Comments please.
      >
      >
      >
      >
      > ------------------------------------------------------------------------
      > Hot off the press- summer's here!
      > School's out and it's sizzling hot. Whether you're planning a
      > graduation party, a summer brunch, or simple birthday party,
      > shop GreatEntertaining.com before your next celebration.
      > http://click.egroups.com/1/4473/2/_/531/_/959786378/
      > ------------------------------------------------------------------------
      >
      > <p><hr></p>
      > To subscribe, send an empty message to <a
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    • Webb Ferrall
      Agree with all statements. My point is that failing to balance precedent with circumstances of a given case may well deny justice. This has become all too
      Message 2 of 2 , Jun 1, 2000
        Agree with all statements. My point is that failing to
        balance precedent with circumstances of a given case
        may well deny justice. This has become all too
        commonplace in the States, generating fearful
        obedience rather than individual responsibility; and
        clearly violating the intent of the founders.

        --- Priority <hq@...> wrote:
        > AN ENGLISH PERSPECTIVE
        >
        > As US State and Federal Law is broadly based upon
        > English Common Law, it is
        > as well to take into consideration when responding
        > to the "Challenge" that
        > the principle of precedent is a fundamental part of
        > the Common Law System.
        > This by definition, allows the broadly accepted
        > Rules of Society (Law) to
        > change and modernise in tandem with changes in
        > Society as time progresses.
        > Common Law being defined as those laws which have
        > existed from time
        > immemorial, and which are interpreted by the Courts
        > according to the
        > changing social demands and practices relevant at
        > the time of determination.
        > Thus Precedent is a very valuable tool in dealing
        > with the rapidly changing
        > standards of life.
        >
        > Perhaps even more important, the use of Precedent
        > acts as a control factor
        > to new Statutes introduced by the Legislative
        > Bodies.
        >
        > Respectfully submitted
        >
        >
        > Priority Investigations
        > Head Office
        > Belfast N. Ireland.
        >
        > ----- Original Message -----
        > From: <specsense@...>
        > To: <infoguys-list@egroups.com>
        > Sent: Wednesday, May 31, 2000 4:19 PM
        > Subject: [infoguys-list] LAW or JUSTICE
        >
        >
        > > WHEREAS
        > > 1. Justice is a stated goal of the US
        > Constitution.
        > > 2. Justice was understood to transcend law.
        > > a. Common Sense, Tom Paine - "law and government
        > unnecessary while
        > > (people) remained perfectly just to each other"
        > > 3. Performance of justice is assigned only to the
        > Judiciary.
        > >
        > > THEREFORE
        > > 1. Legal precedent should not be a deciding factor
        > in court decisions.
        > > 2. The 101st(I think) Congress' adjustment of the
        > federal judge's
        > > oath placing judicial activity "under" law was
        > unconstitutional.
        > >
        > > Comments please.
        > >
        > >
        > >
        > >
        > >
        >
        ------------------------------------------------------------------------
        > > Hot off the press- summer's here!
        > > School's out and it's sizzling hot. Whether you're
        > planning a
        > > graduation party, a summer brunch, or simple
        > birthday party,
        > > shop GreatEntertaining.com before your next
        > celebration.
        > >
        > http://click.egroups.com/1/4473/2/_/531/_/959786378/
        > >
        >
        ------------------------------------------------------------------------
        > >
        > > <p><hr></p>
        > > To subscribe, send an empty message to <a
        >
        href="mailto:infoguys-list-subscribe@...">infoguys-list-subscribe@m
        > akelist.com</a><br/>
        > > To unsubscribe, send a message to <a
        >
        href="mailto:infoguys-list-unsubscribe@...">infoguys-list-unsubscri
        > be@...</a><br/>
        > > <p><hr></p>
        > >
        >
        >


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