For the purposes of this report, there are Laws
(which will be represented with an upper case
"L") and then
there are laws of People, (which will be represented
lower case "l"). The latter are either legislated,
Statutes; or determined by custom, known as
or determined by justice, known as Equity.
But first, let's deal
with the meanest, yet most beneficial mother
of us all...
LAWS OF NATURE are immutable. For
example, the Law of
Gravity applies to all objects, of all kinds,
all over the universe.
Gravity holds two objects together. Its force
is directly proportional
to the size of the two masses and is inversely
proportional to the
distance between them. Period! Without
gravity, the tides would cease,
the moon (and satellites, which make viewing
sports TV possible)
would escapes Earth's graps ... and
bombs wouldn't drop (what a pity).
The Law of Gravity is not mutable. Humans can't
mess with it, or change it;
they can only make an arrangement with it, taking
advantage where they can...
and devising a "parachute" where they cannot!
STATUTES are conceived by humans, in various
therefore are not only mutable, but often just
(Prohibition, for example). Statutes define
conduct and crimes,
promote public good and welfare, impose taxes,
And for all that we get exercised over Rights,
be they Inherent,
Inalienable, or whatever, they are still statues
determined by mutable
humans... not immutable Nature.
It is important to keep this in mind in understanding
the Patriot Incident.
As the above relates to persons and their rights,
from an absolute viewpoint
there are no Laws, there are only laws. Our
Constitution as hallowed
sounding as it may seem, (remember...
The Bill of Rights and Amendments
came after the drafting of the Constitution,
because they the real patriots
forgot a few things!) is but a collection
of statutes in this country with no
legal importance in other countries.
The personal freedoms and dignities identified
document were created on Earth -- perhaps with
inspiration of Divine Intervention, but nonetheless
Moreover, these statutes are interpreted on
there are rights and restricted rights which
determined in ways that our founding fathers
could not have
ever imagined, such as virtual child pornography
COMMON LAW is the English system of jurisprudence
was later adopted to the United States. It is
precedent rather than statutory laws. Common
usually derived from broad principles of reason
sense rather than absolute rules. ( For example
-- and relevant to
to this report -- all bathroom door handle
hardware sold in the
U.S. has a lock on it to provide privacy for
those who want it.)
Common Law is of judicial origin and promulgation.
adapt as social needs and wants demand. Common
determined by judges, who have the chutzpah
to stand in front
of existing precendent!
LAWS OF EQUITY developed as a separate
body of law in
England. The constraints of Common Law courts
provide a remedy for every injury. Therefore,
a higher court
was created to administer justice according
to principles of
fairness in cases where the Common Law could
adequate remedies. Today, the dual court system
of Laws of
Equity and Common Laws have been replaced by
a unified court
system in most jurisdictions.