I continue to cite BASTIAT* as a relevant and credible source given the hindsight he possessed on the “EVOLUTION” of the law and how “The Proper Function of the Law” is inimical to the smooth running of society…

Bastiat believed that – “in all sincerity, can anything more than the absence of plunder be required of the law? Can the law — which necessarily requires the use of force — rationally be used for anything except protecting the rights of everyone? I defy anyone to extend it beyond this purpose without perverting it and, consequently, turning might against right. This is the most fatal and most illogical social perversion that can possibly be imagined. It must be admitted that the true solution — so long searched for in the area of social relationships — is contained in these simple words: Law is organized justice.”

Now this must be said: When justice is organized by law — that is, by force — this excludes the idea of using law (force) to organize any human activity whatever, whether it be labor, charity, agriculture, commerce, industry, education, art, or religion. The organizing by law of any one of these would inevitably destroy the essential organization — justice. For truly, how can we imagine force being used against the liberty of citizens without it also being used against justice, and thus acting against its proper purpose?

Law Is a Negative Concept

The harmlessness of the mission performed by law and lawful defense is self-evident; the usefulness is obvious; and the legitimacy cannot be disputed.

As a friend of mine once remarked, this negative concept of law is so true that the statement, the purpose of the law is to cause justice to reign, is not a rigorously accurate statement. It ought to be stated that the purpose of the law is to prevent injustice from reigning. In fact, it is injustice, instead of justice, that has an existence of its own. Justice is achieved only when injustice is absent.

But when the law, by means of its necessary agent, force, imposes upon men a regulation of labor, a method or a subject of education, a religious faith or creed — then the law is no longer negative; it acts positively upon people. It substitutes the will of the legislator for their own wills; the initiative of the legislator for their own initiatives. When this happens, the people no longer need to discuss, to compare, to plan ahead; the law does all this for them. Intelligence becomes a useless prop for the people; they cease to be men; they lose their personality, their liberty, their property.

Try to imagine a regulation of labor imposed by force that is not a violation of liberty; a transfer of wealth imposed by force that is not a violation of property. If you cannot reconcile these contradictions, then you must conclude that the law cannot organize labor and industry without organizing injustice.

The Law and Morals

You say: “Here are persons who are lacking in morality or religion,” and you turn to the law. But law is force. And need I point out what a violent and futile effort it is to use force in the matters of morality and religion?

It would seem that socialists, however self-complacent, could not avoid seeing this monstrous legal plunder that results from such systems and such efforts. But what do the socialists do? They cleverly disguise this legal plunder from others — and even from themselves — under the seductive names of fraternity, unity, organization, and association. Because we ask so little from the law — only justice — the socialists thereby assume that we reject fraternity, unity, organization, and association. The socialists brand us with the name individualist.

But we assure the socialists that we repudiate only forced organization, not natural organization. We repudiate the forms of association that are forced upon us, not free association. We repudiate forced fraternity, not true fraternity. We repudiate the artificial unity that does nothing more than deprive persons of individual responsibility. We do not repudiate the natural unity of mankind under Providence.

THE ETERNAL CRITERION OF JUSTICE…

All societies govern by their Justice System…

The power to punish carries with it ALL power…

It remains a universal eternal criterion of justice that the validity and justice of laws and all acts of their enforcement require to be judged not by those who make and enforce the laws (government), but by those who voluntarily agree to abide by the laws (all the adult citizens)…

All who do not uphold this tenet are then promoting unlawful rule by a tyrannical élite.

Unwittingly, or for self-advantage, they serve despots, abet tyranny, and are the criminal enemies of freedom and equal justice…

Because the fairness and justice of the laws and all acts of law enforcement require to be judged by those who agree to abide by the laws, according to natural law, common law, constitutional law, and the paramount requirement for Equal Justice, the Common Law Trial by Jury of ordinary adult citizens in which the jurors judge the justice of the law and each act of enforcement, is the only justice system which is legal and just everywhere, for all process of law, civil, criminal and fiscal…

That is why Common Law Trial by Jury is installed by all legitimate constitutions as the sole justice system for all crimes (unimpeachable), civil, criminal and fiscal…

On the aforesaid grounds, there is NO* legal enforcement of ANY* law but by the Trial by Jury…

It is uniquely in the nature of Trial by Jury that juries fulfill the function and purpose of law in a democratic society…

These are to maintain Justice by protecting the citizen from injustice and crime of all kinds, whether perpetrated by the state or by other citizens; and to uphold the rights, freedom and legitimate interests of all….

The Juror is sovereign in Trial by Jury…

Trial by Jury defines democracy, sine qua non…

Within a Hellenic or modern democracy…
(Thanks to: democracydefined.org)

SECULARITY, AND WHY LEGEM TERRÆ TRIAL BY JURY IS THE UNIVERSAL JUSTICE SYSTEM.

“Democratic Trial by Jury alone proffers the preservation of individuals without prejudice in regard to their nationality, race, gender, religion and background.” See:

(Democracy Defined Essay EIS#10 “We the People and the Matter of Words.”)

If you believe in God, then you will marvel at His sublime wisdom in providing the natural law’s * simple, practical secular means for all men and women everywhere to create and live in the definitive civilized state of Equal Justice…

Achieving it is the challenge facing all men and women…

*The legal and societal term “Natural Law” is a sense of right and wrong which arises inevitably from the constitution of the mind of man.

The people’s legem terræ common law of the land is derived from natural law and justice and Equity, the natural Sense of Fairness and conscience by which disinterested, randomly-selected people in a jury situation judge.

Nota Bene: Sane humans cannot avoid acquiring an understanding of fairness, equity and justice. From simple human interactions, children everywhere learn to sense injustice even before they learn the vocabulary by which to define or explain it…

It is for that reason that despotic villains who wish to control populations into passively accepting intrinsically unjust laws and ways of living, utilize perverted mis-education to condition (or ‘brainwash’) the mentality of children from an early age: viz. the inculcation by Mohammedans into the minds of the very young of epithets such as “apes” and “pigs” for Jews and non-Jews (who are not Mohammedans); the forced, fabricated ‘inequality’ of women under Sharia ‘law’, including that of a woman’s testimony being equal to only “half” that of a man, etc.; statism, socialism, communism “taught” to young Chinese and others to the exclusion of equitable, just systems which promote peace and genuine egalitarianism; the National Socialist (NAZI*) creed preached at the Hitler Youth, etc.

(Natural law does NOT* refer to the laws of nature, the laws which science aims to describe. Nor is it to be confused with the opposite phenomenon, “the law of the jungle,” which is the rule for surviving by the use of force to succeed in a hostile or competitive environment. This latter is quite the reverse of natural law and justice.)

The supreme secular morality of natural law pre-dates all the great religions: it is timeless, permanent and applicable to judicature in a universal context.

It is antecedent to the invention of writing, the Epic of Gilgamesh, the Torah; The Pharmacopoeia of Emperor Shen Nung; the Bhagavad Gita; the Old and New Testaments; the Histories of Herodotus and Thucydides, and other texts.

It is from natural law that all the universal, eternal commandments (i.e., rules of action) of common law derive, such as:

“Thou shalt do no murder,”… (and),
“Thou shalt not steal,” …. (and),
“Thou shalt not bear false witness” [lie*],(and),
“Do unto others as you would they do unto you.” (OOOPS!) [Emphasis mine]

This latter secular commandment stands in perpetual judgment over all the acts and motives of humans as individuals and in groups or collectively.
Theists like to call natural law “God’s Law.” (AND IT IS!!!) [Emphasis mine]

The natural or universal law and its constitutionally-defined common law derivative (viz. Legem Terræ inscribed into the Great Charter Constitution of 1215, of which the sole justice system is the judgment of peers: the Trial by Jury), govern government and inclusively and impartially judge all the acts and motives of men and women everywhere, in all times and places, including atheists, agnostics, theists, Jews, Christians, Buddhists, Hindus, Sikhs, Mormons, Quakers, and, whether they like it or not, Mohammedans, etc.

Understanding Legem Terræ, which prescribes the People’s all-powerful Courts of the Common Law Trial by Jury Justice System, reveals how, through Trial by Jury, the people at large peacefully protect themselves from despotism, villainy and potential holocaust.

They re-establish the due primacy of the universal natural and common law and justice over statute law; punish and deter crime; resume their rightful responsible rôle to police their society; nurture the values of equal justice and respect for the rights of others; fulfill the purpose of Trial by Jury to eliminate crime; and they uphold the Constitution.

The duplicitous legislation by which wealth and/or hegemony accrues to particular preferred people or segments of society is thus rapidly and permanently extirpated.

Legem Terræ need not and indeed may not be subjected to interventions, disagreements or debate on metaphysics, the philosophical study of reality concerned with questions such as the existence of God, the external world, the relationship between mind and matter, and questions unanswerable to scientific observation.

Oft-trodden in the history of ignorant mankind, that is the descent which leads to the replacing of the reliable, secular, eternal Principles of natural law, Equal Justice and Equity, and the impartial Constitutional Common Law, by totalitarianism which falsely claims to be ‘religion’ and/or ‘law’ and rule by cruelty, fear, force, and unnatural methods such as those of the ‘Holy Inquisition’ and ‘Sharia’; of superstitions, unfounded opinion, purblind ‘belief’, and personal prejudice in place of detached rationality, sagacity, logic, evidence and factual proof.

The good news is that the controversies of theism, religions and spiritualism, which do divide humans, do not belong in the secular courtroom of Equal Justice for they are of no relevance whatsoever in consideration of The Universal Secular Paradigm of Judicature, “Do unto others as you would they do unto you.” This latter provides the Juror at all times and in all places with the means for ascertaining whether the act of the accused was definitively innocent or criminal: an act of injustice committed with malice aforethought; i.e., guilty.

When individuals or groups preach sectarian ‘beliefs’ at people and bring them into the courtroom, they divide and distract people from the universally-applicable, secular nature of Common Law Trial by Jury. They do a disservice to the Cause of Equal Justice.

Thereby, they delight and play into the hands of the statist financiers, politicians and judges who otherwise have have NO excuse for denying anyone, whatever their personal beliefs and religions, the legal, civilized, secular Constitutional system of Equal Justice over, and for, All the People* – that very Trial by Jury Justice System in which the citizen-juror is duty-bound in the trial, discreetly and peaceably, to swear to convict the guilty and acquit the innocent; to fulfill the Juror’s Duties, including that of the annulment of the enforcement of unjust prosecutions and arbitrary, inequitable, apocryphal or venal legislation. Let us remember that such acts of enforcement constitute judicable crime per se and form a central part of the Illegality of the Status Quo.

*A natural common law first-corollary to this, is that anyone adopting a thesis which advocates or prescribes mendacity (perjury) as a means of advancing a ‘religion’ or protecting its adherents, is both disqualified from jury-service and remains subject to the full rigors of the secular Supreme Constitutional Legem Terræ: the Law of the Land.
(Thanks to; democracydefined.org)

David,
Even freedom of speech can be abused, and TMBlackett is abusing your blog. He is obviously in need of psychiatric help and he is lowering the standards of BU. A word to the wise is USUALLY sufficient.

Amused have me cracking up…lmao!!
TB reminds me of Dictionary….lol….love to see themselves type a load of shoite under the guise of educated men.
One small mercy…….he doesn’t on his sabbath, so let’s give thanks and continue to scroll down…lol.

to david- you are missing the point. the issue goes way beyond whether mr gibson is suitablyy qualified for the job. it is about principle. the govt by not doing their homework dealt mr gibson a bad hand and is trying to correct the mistake incorrectly. they should admit their incompetence first and not play politics with this important matter of jurisprudence. everyone is saying that the judiciary stinks but that is no reason to undermine what little confidence tha public still has in it.they should have the balls to deal fresh

I may not be a great fan of TMB, but come on, why do you suck up to Amused …? He is very likely to be a lawyer and with a handle the he has chosen, obviously a very arrogant one as well… just another haughty condescending example of a highly over rated group of jack asses…

Now, now, now. Cant we all get along and be civil to each other even when we have different points of view? When people say awful things about you on this blog, be the bigger person and go on to the next blog. As the saying goes, live and let live.