tag:blogger.com,1999:blog-667039295268759670.post8890682269424443342..comments2023-08-21T10:31:37.251+01:00Comments on Jersey Libertarian: Common Law is not the same thing as Customary LawDarius Pearcehttp://www.blogger.com/profile/08207593799348887450noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-667039295268759670.post-66054528807080114802012-12-04T00:01:59.727+00:002012-12-04T00:01:59.727+00:00As a member of a nation of one who has exercised h...As a member of a nation of one who has exercised his right to self-determination following a series of human rights abuses, I have only two laws given to me by Jesus; love thy God above all else and love thy neighbour as thyself. <br /><br />That is the limit of the Common Law as far as I am concerned, everything else is just custom. <br /><br />I am willing to accept the legal fiction that I am a member of any other society if they wish to judge me under the Common law between my nation and theirs but I cannot be bound by the customs of a foreign nation.Darius Pearcehttps://www.blogger.com/profile/08207593799348887450noreply@blogger.comtag:blogger.com,1999:blog-667039295268759670.post-36324861407197997142012-12-03T23:51:45.568+00:002012-12-03T23:51:45.568+00:00The law has always been the law, it just was not n...The law has always been the law, it just was not necessarily discovered until the judgement was made. The process of law formation is one of discovery, not decision. Until the situation arises no one knows what the law is which is why each situation must differentiate itself from a previous judgement in order to avoid the precedent (at least until legislatures started needing something to do with their time).Darius Pearcehttps://www.blogger.com/profile/08207593799348887450noreply@blogger.comtag:blogger.com,1999:blog-667039295268759670.post-10513279744275131972012-12-03T21:07:00.109+00:002012-12-03T21:07:00.109+00:00Jersey does not have a "common law" in i...Jersey does not have a "common law" in its true form because the Island is too small - there is no other territory to be "common" with.<br />England (and Normandy) had "common laws" that were similar in different parts of the country but there were still some different local laws in places. "Common" should not be taken to mean universal.<br />It was therefore possible to have "customary" laws that were/are not "common" and vice-versa.<br /><br />One of the difficulties is to determine when a "customary" law has changed through usuage - who decides? Precedent is all very well but who can make the first contrary judgement?<br />In the Channel Islands, legal clarity was never a strong point! Make it up as you go along being the standard for many years but "certainty" is now creeping into the system and who knows - there many even be law text books and modern commentaries one day!Tom Gruchyhttps://www.blogger.com/profile/01384387998228996741noreply@blogger.comtag:blogger.com,1999:blog-667039295268759670.post-1040826723783221372012-12-03T18:59:59.124+00:002012-12-03T18:59:59.124+00:00Well I have been reading some essays and lectures ...Well I have been reading some essays and lectures from the nineteenth century and I would suggest that there is a difference and that in fact you are being prosecuted under 'customary law' and not 'common law'<br /><br />As it says common law is part of customary law, but there is more to customary law than just the common law.<br /><br />For customary law to apply you would have to be a member of the regional society (in Roman times anyway).<br /><br />It's something to ask a judge to rule on...Darius Pearcehttps://www.blogger.com/profile/08207593799348887450noreply@blogger.comtag:blogger.com,1999:blog-667039295268759670.post-76231165954321731762012-12-03T03:26:35.923+00:002012-12-03T03:26:35.923+00:00Customary/common law offences.
Is how they are cl...Customary/common law offences.<br /><br />Is how they are classified. They are used interchangeably (switched) able to be changed with each other, without making any difference or in the hope no one notices or we are to believe it is of little significance whether described as common law of the Island/land in given cases. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-667039295268759670.post-3977929101455894492012-12-02T22:16:03.809+00:002012-12-02T22:16:03.809+00:00The Channel Islands' problem was that being se...The Channel Islands' problem was that being separated from Normandy after 1204, the law in the Islands remained in a limbo. Although Normandy Law continued to evolve for those in that territory under clear allegiance to the French Duke of Normandy and the French King it could hardly be followed, as it evolved, in the Channel Islands which claimed allegiance to the English version of the Duke and the English King.<br />Ever since, the law of the Channel Islands has been uncertain. Of course that is great for people who want to earn a living smuggling or as havens for all sorts of other dubious activities but it is a doomed way to run a business in a world of international regulation and supervision.<br />And don't you just love the way that the JEP likes to pretend that we (ie in Jersey) have some sort of sacred and immune relationship with the "Crown" (as in Crown Dependency rather than UK Dependency) as though the peoples of the UK have not changed the relationship with the "Monarch" or "Duke" over the past 1,000 years! Not just changed it for them - but changed it for the Channel Islands too. <br />There really is nothing quite so reforming as chopping off the King's head...Tom Gruchyhttps://www.blogger.com/profile/01384387998228996741noreply@blogger.com