Actually my Liebster
- if the Highway Code has
YOU MUST und has the related paragraph of the Road Traffic Act beneath - then the cyclist ist not advised - but REQUIRED BY LAW to comply with the law .. the paragraphs relating to red traffic lights und other road signs apply
The advisory ones should be adhered to as failure to do so can adversely affect any court case or compo claim in the event of any accident or even incident...
dcbwhaley wrote:
taxtaxtax wrote:
"These statutes are not laws, they are given force only if the governed consent to them. ("Consent" is the key word).
You "consent" to them by remaining in a country where the majority of people, at a General Election have given their elected government the authority to make laws. What you Freemen are advocating is nothing new: the Greeks gave us the word ANARCHY.
Quote:
Common Law is the Law Of The Land. Nobody, no government, no administration, not even God himself, can revoke, change, amend, or remove those laws. They are natural laws, they are inherent, and we all know them. .
That is not what common law means. See
http://en.wikipedia.org/wiki/Common_law. Common law is continually changed by judicial decisions. What you are talking about is more correctly known as natural law and is far from natural. It is very cultural dependant. What Aristotle saw as "natural laws" are different to what Aquinas says as "natural laws" and is different again to Hobbes idea of "natural law"
As for common law und the emergence of common law....
It take a ruddy foreigner to point out the blinkin' obvious to the natives
(I think I am sharpening claws...
but no matter... I read a book whilst recovering from a recent illness .... it was a book on the law .. I but ended up reading the funnier history bits instead....
(We have to know about the law
professionally in any case - und we have the feline minds of curiosity anyway
as you know
)
Actually - European und Scottish law are based on Roman Law. But England und Wales did not have same influence (which ist why USA has legal system more in-line with ours (court precedence/evolvement via case law)
What happen was local justice und each community had its local customs und its own law court. William 1 decreed that he would not subject the lands to Norman laws und allow customary justice to remain. ONLY .. the Normans being well .. FRENCH ... developped a central government - a strong one und over the next 200 years or so gradually increased their control over the administration of law. This led to decline of the local courts.
England then had central courts - sitting permanently at Westminster - und the King's Council dealt with the legal disputes. This led to ROYAL judges being sent out to preeside over courts across the Kingdom of England. These courts were known as the ASSIZES.
These travelling judges learned about the local customs und their court decisions started to unify the common customary laws across the kingdom und they began to apply the generalised customary rules in all cases rather than rely in every case upon enquiring into local customs. The King also helpe by making laws which were to apply nationally und by the nationwide courts. The different und differing local customs began to be replaced by a body of rules which applied throughout the whole country und known as the common law. This was completed by the end of C13.
The formulation of common took place when there were few statutes/other forms of written law. The judges looked to previous decisions for guidance so as to maintain consistency. This became what ist known by lawyers as the DOCTRINE OF PRECEDENCE und the hieararchy of courts und ratio decidendi /obiter dicat of the judges in the Higher or equal courts bind und set the precendents which can only be overturned by higher courts und on the finding of fact und FRESH EVIDENCE
I could start showing off on what I know about Ewuity und law merchants und how Statute Law und EU law affect the legal system of England und Wales und Scotland ..
There are some natural laws .. laws of science - physics/chemistry/biology/medicine/maths/economics all somehow come to mind
There are also natural laws born of our survival instinct und basic instincts of right und wrong und our sociable instincts as a cultured und polite society...which require us all to pull und work together in harmony to maintain a balance equilibrium - nicht? Und one of the sets of rules engraved in stainless steel keyfobs ist our C O A S T system which allow us to drive safely und have a right good time as well.. without getting into bother licencewise
Purrrrr! I should stop reading heavy books when recovering from serious illness und concentrate on steamy Jacky Collins instead...