For the purposes of this report, there are Laws of Nature

(which will be represented with an upper case "L") and then

there are laws of People, (which will be represented with a

lower case "l"). The latter are either legislated, known as

Statutes; or determined by custom, known as Common Law,

or determined by justice, known as Equity.  But first, let's deal

with the meanest, yet most beneficial mother of us all...

Mother Nature!

 

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 legislatures, and

therefore are not only mutable, but often just plain fashionable

(Prohibition, for example). Statutes define conduct and crimes,

promote public good and welfare, impose taxes, etc.

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 in this

document were created on Earth -- perhaps with the

inspiration of Divine Intervention, but nonetheless on Earth.

Moreover, these statutes are interpreted on Earth. Today,

there are rights and restricted rights which have been

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 which

was later adopted to the United States. It is based upon

precedent rather than statutory laws. Common Law is

usually derived from broad principles of reason and common

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. Its principles

adapt as social needs and wants demand. Common Law is

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 could not

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 not provide

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.