Posts

Showing posts with the label Common Law

Natural Law v Positive Law

Image
English "customary" laws (the "Common Law") includes decisions of judges made according to legal "principles" for which there is no written legislation (Natural Law). European states with a Roman law heritage do not have this element as strongly in their law (Positive Law).   In Jersey, they love to pretend that they are special however, 'Norman Law' is fundamentally 'Roman Law'. How exactly English Common Law came to be adopted in Jersey as 'customary law' appears to have arisen following Magna Carta.   Yes all the rights of Magna Carta applied at some stage in Jersey, most have been superseded, some have been repealed in the UK (such as the Right to Trial by Combat) but I have personally experienced that although the Right to Trial by Combat is still extant in Jersey they will simply not allow you to exercise that right.   Natural Law in philosophy is system of right or justice held to be common to all humans and derived from natu...

2012 is 'Interesting Times'

Image
We are at a turning point in history, in future this time will be regarded in the same manner as the Anglo-German Wars of 1914 to 1945, the Pan-European riots of the 1840's and the Revolutions of the 1780's, these are INTERESTING TIMES. There seems to be a great convergence of endings all focusing at this point in the history of society; Democracy, Banking, The Welfare State, Law and the Union Movement all seem to be converging on their Waterloos at the same point in time. That point being the day after the next election for President of the United States. Each of course was a much needed innovation in its turn, but like all things they have faded, perverted from their original course and become twisted and repressive. What once was a tool of enablement has become repression. Where once there was protection of freedom there are now the chains of debt, dependence, fear, regulation and sham. The good news is that these are breaking apart. Following every ending their...

Pondering Personhood

Image
Personhood and when it commences is a hot topic in law and philosophy not because of the free man movement but because of abortion. Hansard is a wonderful tool and there are records back for nearly 200 years if you just know  where to search . Now in my opinion and that of Hypocrates (of Hypocratic oath fame) life begins at conception but this article is not going to address any issues relating to abortion and for the purposes of this post you will need to proceed on the basis that this is fact, it is irrelevant either way as no absolute proof can be offered to confirm either side of this particular argument. Is the murder of a pregnant woman two murders or one? Do the Courts look upon such acts with greater condemnation than they would the murder of a man or woman who is not pregnant? I would hope that they would. It will however extend the argument that if the legal protections of personhood do not apply from the moment of conception, when do they apply. If the legal ...

The Noachide Laws that apply to all Men

Image
Jewish protests against the State of Israel in London in 2006 An Oxford graduate friend of mine popped in to see me yesterday to let me know that he has given up work so he can have time to study the bible in its original Hebrew. This is not a usual occurrence I grant you, but as a student of languages amongst which are Anglo-Saxon, Arabic and Japanese he knows a great deal more than I about the difficulties of translating between languages and since so much of our modern civil society is based on ancient writings in ancient and obscure languages he often has unique insights into our modern world. It was a reading of the Quran (the Muslim holy book) which has inspired this latest research project and it is a project which will involve astro-physics and quantum mechanics and their relation to religious beliefs. A pilgrimage to Mecca culminates with the pilgrims circling a large piece of iron which was recovered from the Arabian desert. There are a number of meteor trails throug...

The ECHR and Parking Fines

Image
The natural Person Alan Simon Crowcroft, the legal Person Alan Simon Crowcroft OR the legal Person the Constable of St Helier Which is he at this snapshot in time? I was speaking to the Constable of St Helier the other day, who felt my terms and conditions were a bit anarchic, I disagree, they are completely lawful, so for his benefit I shall go through the steps that would be required to successfully prosecute me for a parking ticket and hopefully demonstrate why it is imperative that both the Government and I understand in which persona, I am acting at any given time. If you ain't paying me then I am acting in my Natural Private Person, not my Legal Public Person. This time I am going to use the proper legal terms which are bold in italics. Note that none of what I have reproduced below has ever been admitted to, accepted or confirmed by any Law Officer, Advocate or Solicitor in Jersey, but neither has it been denied. The Law is deliberately complicated to make sure that you do n...

Agent of the Government

Image
This card (or the Jersey version) is one means of identifying  yourself as an Agent of the Government. Because you submit this card to your employer you are liable to pay tax and social security on your earnings Well despite having the highest ever hits in one day on a blog post there was only one comment (c'mon how am I supposed to have anything to write about!) "So, in a nutshell what does this mean? You'll be refusing to pay (by virtue of being a "free man") tax, parking fines, licensing fees, social security etc. etc.? Or refusing to be bound by the rule of law in general? I find it interesting that you invoke religion as a specific hinge upon which to hang your "freeman-ism" because the basic sentiment appears to share a lot in common with Zen Buddhism" It is definitely not refusing to be bound by law, no one is above the law. Law though does not include statute which only applies when a person is acting as an agent of the government. Only the...

A Free Man on the Island of Jersey

Image
After due research, study and understanding I am now ready to set forth the terms and conditions upon which I will act on behalf of the unincorporated person DARIUS JAMES PEARCE and that the unincorporated person DARIUS JAMES PEARCE will contract with the States of Jersey. I also issue the policy for the trustees/employees of the unincorporated person which includes all executives, employees and agents of the States of Jersey, its subsidiaries or associated persons, incorporated or otherwise. THIS IS A MATTER OF PUBLIC RECORD I hereby state the presumptions under which I operate in the context of the Civil Society in which I live. I have notified the government ( THE STATES OF JERSEY ) of these and they have not been responded to. That in the absence of any proven claim to the contrary, they stand as fact. That I, the man commonly known as Darius/James(Pearce (and derivations thereof), was endowed by my Creator with certain inalienable rights, that the testament of my Creator as given ...

Dieu et MON droit as a Free Man

Image
Enter into any Court in the UK and you will see the Crown underneath which is the phrase ' Dieu et Mon Droit ' or God is my right . Well this is a cruel parody for God is the basis of all rights of the Free Man in any civil society and not the purview of the Court. For the purposes of this posting you will need to set aside such questions as 'Does God exist?' as it deals with the basis upon which all Civil Society is based and whether you agree or not in any Christian society (or Muslim or Jewish etc.) the answer to that question is most emphatically yes! You will also need to suspend your disbelief in Astrology. The bible is the Testament of God, it is his will by which all our inalienable rights are bestowed upon us. The Old Testament contains ten laws given to us by Moses. Moses is the prophet of the Arien age. The New Testament given to us by Jesus, the prophet of the Piscean Age simplifies these laws to just two - Love thy God above all else and Love thy Neighbour ...

Statute vs. Law

Image
After my last post there were a few comments which I felt merited a whole posting in response Well Antje, the problem is that the basis of English Common Law is substantially different to the Civil Law which exists in Europe. I have addressed this issue before here  but basically In Common Law (which applies to England and Wales and many former British Colonies including the US) there are only two laws: 1) Do what you say you are going to do and 2) And it harm none do as you will. Everything else is just an interpretation of those laws which has been passed down for thousands of years and seriously codified for more than the last thousand. The Common Law is built on the wisdom of generations, statutes are the passing whimsy of egotistical meddlers seeking to garner votes at future elections. So for example assault, which is a cause of action or something which may give rise to a proceeding in a Court, under common law encompasses everything from merely placing someone in fear...

The Curious Case of 'Legal Tender' & Employment Statute

Image
Shortly after the issuance of this note Zimbabweans stopped entering legal contracts and used silver as a medium of payment on Common Law contracts. So after my recent post regarding my decision to cease employing persons, I received a letter two days later informing me that the Social Security department wished to come and inspect my employee records to ensure that they were being kept in accordance with the law. Naturally I have taken the trouble to review my situation and ensure that as far as possible everything is up to date and as required. There had been a few changes to the legislation since last I looked but one point caught my eye in particular Article 44(a) of the Employment (Jersey) Law 2003 sets out a simple basis of distinguishing a Common Law contract from a Statutory Law employment contract. No consideration arising from any Common Law contracts that I should offer will be made in legal tender, they will be made in troy ounces of fine silver or fine gold, I make no cla...