PRACTICAL SOLUTIONS 5
"A system in decay and its death is coming" Dec 2009 Harj Gill
To tackle the legal system is to take on the Monolith
Unfortunately this Monolith is
not quite what it is aspired to be!
We need to understand
what the current legal system is today
And then we must change it!
Before we start let us listen to the music, Listen to
2001: A Space Odyssey Opening music
However, each country often develops variations on each system or incorporates many other features into the system.
Civil law is the most widespread system of law in the world. It is also sometimes known as Continental European law. The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature, to amend a code. Civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. 529AD. This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather thanjudicial precedents, as in common law) are considered legally binding.
- French civil law: in France, the Benelux countries, Italy, Spain and former colonies of those countries;
- German civil law: in Germany, Austria, Croatia, Switzerland, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China;
- Scandinavian civil law: in Denmark, Norway and Sweden. Finland and Iceland inherited the system from their neighbors.
- Chinese law is a mixture of civil law and socialist law.
Common law and equity are systems of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Statutes were allowed to be made by the government. Common law developed in England, influenced by the Norman conquest of England which introduced legal concepts from Norman law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis or precedent by courts is the major difference to codified civil law systems.
Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, India (excludingGoa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (excluding Louisiana) and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law.
In the European Union the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is Magna Carta which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.
Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Jewish Halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian Canon law is more similar to civil law in its use of civil codes; and Islamic Sharia law (and Fiqh jurisprudence) is based on legal precedent and reasoning by analogy (Qiyas), and is thus considered similar to common law.
The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and Canon law in some Christian groups. In some cases these are intended purely as individual moralguidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The latter was particularly common during the Middle Ages.
The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is the most widely used religious law, and one of the three most common legal systems in the world alongside common law and civil law. It is not a divine law, however, as only a fraction of Sharia law is based on the Qur'an and Sunnah, while the majority of its rulings are based on the Ulema (jurists) who used the methods of Ijma (consensus), Qiyas (analogical deduction), Ijtihad (research) and Urf (common practice) to derive Fatwā (legal opinions). An Ulema was required to qualify for an Ijazah (legal doctorate) at a Madrasah ( school) before they could issue Fatwā. During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law and several civil law institutions. Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law.
Canon law is not a divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Roman Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, single bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England.The Halakha is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings.
THAT ABOVE IS THE WORLD OF LAW AS IT EXISTS TODAY
Let us have peace because there is a new way:
SO WHAT IS THE SOLUTION TO THIS MISERABLE MESS CALLED THE LEGAL SYSTEM??
I am asking everyone to look to the future. Look to travel to a new land, to a new way, one filled with honesty and with the ONE in mind when we make legal decisions, we must rid ourselves of the harshness of legal decisions made by judges and rid ourselves of the games and dishonesty of lawyers and regulators. We must take control and free ourselves from the enslavement of the legal system that they control.
LISTEN TO THIS MUSIC VIDEO,
Because I am asking you to see something that has not been seen before:
"Its puzzling I do not think I have ever seen anything quite like this before",
2001: A Space Odyssey : Original Composition
A DOUBLE OR TRIPLE RAINBOW
WE MUST ACKNOWLEDGE THE OBVIOUS that is known by many:
We do not need any more laws - we need less laws. We need simplicity. A simple solution is better than a complex solution. We need to figure out how to live with simple laws; With simple rules, with simple regulation, with simple interactions.
Hence the solution is the creation of a new legal system (which I term the ONE LAW) based on Civil Law -- a set of codes based on a constitution. The role of judges will change and their decisions will not create any new laws, and nor will their decisions invalidate laws, however, they can recommend changes to the code or constitution in a formal manner through various procedures. The new ONE LAW will also contain versions of Canon law that are relevant to the ONE LAW, because we cannot deny the role of the ONE in this universe.
The legal system currently has failed the public by being too costly, too time consuming and too focussed on obtaining every detail in a case before decisions are made. The new law -- termed the "ONE LAW" will be simple and equitable.
The role of judges and lawyers will change as they are instead asked to be mediators in a dispute. Each party will present its case within set time limits and costs and decisions will be moderated to provide an equitable solution as apposed to the current system of trying to determine the guilty party. There will be no "guilty party", only a decision by the judge or an agreement between the parties -- the equitable solution under the circumstances for civil matters and criminal matters. The purpose of the court will change from the current system of determining which party is the "guilty or bad party" to what decision will be acceptable to each party to allow a resolution of the issues to allow the parties to be at peace with each other. If the parties cannot agree to a remedy the judge initially makes a suggestion to the parties to resolve the matter his way, and then if not accepted by both parties, makes his final decision. The reason for this new system is to change the court from being adversiarial to one of equitable solution with the acknowledgement that the ONE in all of us wants peace and resolution and therefore the role of the courts is not to determine guilt but to instead to "obtain information and then to mediate a resolution".
"Judges and lawyers will no longer wear black colored robes -- symbols of their evil and deceitful ways"
We have permitted lawyers and judges to control our lives and to determine the direction of our lives by the use of their black twisted words and to misuse the flexibility in these rules to create at the people's expense, never ending painful trials, with no resolutions or justice in the end. Let me say, It is better to enter the circus of court and obtain a moderately fair equitable decision quickly than a perfect equitable decision with a very costly trial and an unbearable time duration. There is no law if man dies financially or is delayed unbearably, regardless even if the decision is perfect in the end. The price paid for the perfect decision in terms of time and delay cause enough punishment to both parties -- to make the final decision unrewarding and unjust to the winner!!.
A entirely new set of laws based on a new Constitution based on the concept that we are Freemen and Freewomen will need to be established. This is the future, this is the new way, this is the Odyssey we need to take.
LISTEN TO YOUR HEART, LOOK TO THE FUTURE, DO NOT KILL THIS IDEA BEFORE IT HAS HAD A CHANCE TO FILL YOUR HEARTS AND MINDS -
Give the Fifth Element a chance!!
LISTEN to the music of the "Fifth Element" , let us not destroy our future based on our desire to maintain the status quo. Will we kill that ONE which offers a new hope before we have examined HIM and embraced HIM !? Let us look into our hearts and look for the ONE in us to tell us what is our future??
Click below and listen and then cheer on the new way:
Diva Dance from The Fifth Element "its showtime!!"
A new constitution, a new legal system, THIS NEW LAW, called the ONE LAW will be established. A new future for man, woman and child will be created!!
Giuseppe Verdi , The Force of Destiny-Overture Date : 1862
LET DESTINY COME TO LIFE!
IF CHANGE CANNOT COME PEACEFULLY THEN WE MUST REMEMBER HOW REVOLUTIONS END -- TO REMIND THE ELITE THAT THE TRUTH and the ONE is HERE.
Listen to "V" for Vendetta,
"I can assure you that I mean no harm"
"The only verdict is vengeance..." - punishment inflicted in retaliation for an injury or offense.
you should not have messed with the children
I have provided a very brief overview of the changes needed to the legal system. I will expand on these concepts.
REMEMBER THAT THERE
IS THIS IDEA,
THIS ONE IN US
AND IT WILL NOT DIE,
IT LIVES FOREVER,
SEEKING THE FREEDOM
THAT WAS ALWAYS OURS!!
Practical Solutions 6 addresses some of the changes needed in the EDUCATION SYSTEM
GO TO PRACTICAL SOLUTIONS 6
WILL CONTINUE UNTIL THE TRUTH IS PRACTICED BY MAN