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Common Law Vs. Political Law Vs. Scientific Law

2135 words - 9 pages

Common Law vs. Political Law vs. Scientific LawAmericans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law.To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.Scientific Jurisprudence.Fifteen centuries ago the Roman Empire had collapsed. In many places there was no law and no courts. Whenever two individuals had a dispute, they had to work it out on their own. Before scientific law, disputes often led to mayhem, brawls, or worse. Gradually, however, justice was established by scientific law. The private, scientific law courts had no government force at their disposal. The Sheriff served the due process of the law. He was not a law-enforcer. The scientific law courts were private courts that were supported by the fees charged to litigants. People paid because the scientific law courts provided a useful service. People consented to the due process of the scientific law to have its protection and justice. If they did not obey the writs and process of the scientific law court, they could be declared "outlaw", outside the protection of the law. An outlaw was on his own. He had spurned the service of scientific law to aid him resolve a dispute. If he were robbed or killed in a dispute, neither he nor his family had any recourse. Thus, self-interest induced people to support and obey the writs and judgments of the scientific law courts. Students are taught today that law and government is virtually the same thing, but this is quite wrong. Law and government are two very different institutions and they do not necessarily go together. Law is a service; government is force.Our American heritage of scientific law came to these shores with British settlement. Our scientific law was developed as the common law of England, which itself was developed among the Anglo-Saxons before the invasion of England by the Norman William the Conqueror. The Magna Carta was a concession by the Norman King to honor and respect the common law of the Anglo-Saxons. Eventually, Henry II establishes common law judges of the King's Bench at Westminster. Because these judges provided a less costly, more predictable, more orderly, and more just form of common law justice, they gradually replaced the shire and Hundreds courts in the countryside. The English common law judges were serious, moral, learned men who recorded the cases heard in their courts and who wrote down in Latin the Anglo-Saxon maxims of law by which they made their judgments. Coke and Littleton also wrote Treatises on the common law and the reason of it. The right reason of the law was human logic and reason applied to the experience of mankind as recorded in...

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