Law
The key word here is "juris" which means what is "just, right, and fair".
The other Latin term "legis", also translated "law", mean the rules of a legal system. The "legal systems" which we may call "law" are ever changing because they are only created by men through contracts, covenants, and constitutions by consent. Many things may give evidence of consent.
The Law should be just.'
The Law of Nature is unchangeable in a cause and effect universe. It is not subject to the opinion of man, legislatures, or rulers.
Contracts are induced through evidence of intent. They may result from expressed words or deeds. If you desire benefits through covetous practices you may become merchandise or cursed with debt obligations as a surety.
See Legal title or fraud.
There are some who want to turn the Torah which an attempt to explain the Law of Nature and nature's God into a legal system through private interpretation.
That, of course, is a mistake or sin as Christ tried to explain to the Pharisees.
Law
Law is a term lacking a universally accepted definition for there are man forms and systems of law. But, “True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting…"[1]
The Law of Nature which is governed by Natural law, and evidenced by Right Reason,which is said to be Divine Will, and therefore the Will of God - (or the the Word of God, or even the Logos of Christ) - could all be counted as convertible phrases referring to the same law. But the civil law is the law made by men for themselves and may only be a product of consent or an appetite for what should belong to another.
The Romans had several terms that modern English often translates into the single term, law. Unlike many of the terms used in the legal system of the United States, the word “law” does not come from the Latin, but from the Anglo-Saxon word lagu and the Middle English lawe, laghe meaning “just, right and fair.”
In Latin, “law” would be translated jus (juris), from which we take the word “justice” or "jurist". The Romans had another word, lex (legis), from which we get the word “legal,” meaning “statute, bill, principle, rule, contract, condition…”
What is legal (connected by contract) becomes lawful (just) by consent.[2] Often a written contract may be evidence of consent but also the actions and deeds can be accepted as evidence of an agreement. Debt can seal such agreements.
Pacta servanda sunt
A legal system based upon freedom would have no lawful power to “command” until an individual binds himself to it “for lex (law) is derived from ligare (to bind), because it binds one to act.”[4]
While “The law (jus) is the rule of right; and whatever is contrary to the rule of right is an injury,”[5] we find that “human laws (lex, leges) are born, live, and die.”[6] “That which bars those who have contracted will bar their successors also.”[7] Therefore, “The contract makes the law”[8] for our children, as well as for ourselves.
Law may also refer to a system of rules and guidelines which are enforced through social institutions to govern or guide the behavior of members or strangers within society.
Laws can be made by legislatures through: legislation (resulting in statutes); the executive, through decrees and regulations; or judges or juries, through binding precedents. Such legislative or executive or even judicial authority would have to be granted that power to make law by the consent of the people. There are no inherent rights in governments until they are placed there lawfully by the people.
With consent
Jonathon Swift once said “All government without the consent of the governed is the very definition of slavery!”
There are many ways in which people may give their consent in the granting to others the power to make law or what appears to be law. These ways come in the form of regulations. Regulations including “ordinances,” “statutes,” or “laws”, which do not include Natural Law, but are formed within it by consent.
Private individuals can create legally binding contracts, including arbitration agreements that exclude the normal court process.
The formation of laws themselves may be limited by the influence of a constitution (written or unwritten) and the rights of government, and even of the people may be encoded therein.
The law and legal system shapes politics, economics, and society in various ways and serves as a mediator of relations between people. BUT... Politics, economics, and society may also shape the law (or at least the legal systems).
A general distinction can be made between civil law jurisdictions (including canon and socialist law) - in which the legislature or other central body codifies and consolidates their laws - and common law systems - where judge and juries may make binding precedent to establish customs.
Religious view of law
Historically, religious laws and customs have been a significant factor in the forming of secular matters. This is because man is endowed by his creator with rights and Natural Law is assumed to be the right reason in realizing those rights.
Adjudication
The adjudication of the law is generally divided into two main areas.
Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined.
Civil law deals with the resolution of disputes between individuals or organizations by a legal remedy provided the winning litigant. This civil law should not to be confused with civil law jurisdictions previously mentioned.
Civil law may include specialties such as:
- Contract law regulates everything from buying a bus ticket to trading on derivatives markets.
- Property law regulates the transfer and title of personal property and real property.
- Trust law applies to assets held for investment and financial security.
- Tort law allows claims for compensation if a person's property is harmed.
- Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
- Administrative law is used to review the decisions of government agencies.
- International law governs affairs between sovereign states in activities ranging from trade to military action.
Law - legal - equity
Before the creation of legal systems and governments there was Law, or Natural law.
The maxim, "Ignorantia juris non excusat." is translated, "Ignorance of law does not excuse."
The key word here in this maxim of the legal system is "juris" which means what is "just, right, and fair".
The other Latin term "legis", also translated "law", mean the rules of a legal system. The "legal systems" which we may call "law" are ever changing because they are only created by men through contracts, covenants, and constitutions by consent. Many things may give evidence of consent.
The Law should be just
The Law of Nature is unchangeable in a cause and effect universe. It is not subject to the opinion of man, legislatures, or rulers.
The Law of Nature, Natural law, Right Reason, Divine Will, the Will of God, the Word of God or the Logos of Christ are often seen as convertible phrases.
The "perfect law of liberty" allows the individual to pursue the happiness that only the "Law of Nature" can afford within that original system divised by it's Creator.
Contracts are induced through evidence of intent. They may result from expressed words or deeds. If you desire benefits through covetous practices you may become merchandise or cursed with debt obligations as a surety. See Legal title or fraud.
Claims of "no valid contract" or "fraud" will undoubtedly fall upon deaf ears. While contract law is often used in administrative courts of equity to hold people accountable within a legal system, the best evidence against the people, and for bands that bind them, is that there is no evidence they are a part of any other system of "social welfare" that provides for them that is not based on "covetous practices" of the "world".
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Footnotes
- ↑ Marcus Tullius Cicero
- ↑ Consent Not
- Exodus 20:3 "Thou shalt have no other gods before me."
- Exodus 23:32 "Thou shalt make no covenant with them, nor with their gods."
- Deuteronomy 7:2 "And when the LORD thy God shall deliver them before thee; thou shalt smite them, [and] utterly destroy them; thou shalt make no covenant with them, nor shew mercy unto them:"
- Deuteronomy 7:16 "And thou shalt consume all the people which the LORD thy God shall deliver thee; thine eye shall have no pity upon them: neither shalt thou serve their gods; for that [will be] a snare unto thee."
- Deuteronomy 13:8 "Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him:"
- Numbers 30:2 “If a man vow a vow unto the LORD, or swear an oath to bind his soul with a bond; he shall not break his word, he shall do according to all that proceedeth out of his mouth.”
- Judges 2:2 "And ye shall make no league [covenant] with the inhabitants of this land; ye shall throw down their altars: but ye have not obeyed my voice: why have ye done this?"
- 1 Kings 20:8 "And all the elders and all the people said unto him, Hearken not [unto him], nor consent."
- Psalms 83:5 "For they have consulted together with one consent: they are confederate against thee:"
- Proverbs 1:10 "My son, if sinners entice thee, consent thou not."
- Proverbs 6:2 “Thou art snared with the words of thy mouth, thou art taken with the words of thy mouth.”
- Proverbs 13:20 "He that walketh with wise [men] shall be wise: but a companion of fools shall be destroyed."
- Ecclesiastes 5:5 "Better is it that thou shouldest not vow, than that thou shouldest vow and not pay."
- Hosea 6:9 "And as troops of robbers wait for a man, so the company of priests murder in the way by consent: for they commit lewdness."
- Zephaniah 3:9 "For then will I turn to the people a pure language, that they may all call upon the name of the LORD, to serve him with one consent."
- Matthew 5:33-37 “Again, ye have heard that it hath been said by them of old time, Thou shalt not forswear thyself, but shalt perform unto the Lord thine oaths: But I say unto you, Swear not at all; neither by heaven; for it is God's throne: Nor by the earth; for it is his footstool: neither by Jerusalem; for it is the city of the great King. Neither shalt thou swear by thy head, because thou canst not make one hair white or black. But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil.”
- Matthew 15:18 “But those things which proceed out of the mouth come forth from the heart; and they defile the man.”
- Luke 14:18 "And they all with one consent began to make excuse. The first said unto him, I have bought a piece of ground, and I must needs go and see it: I pray thee have me excused."
- Romans 7:16 "If then I do that which I would not, I consent unto the law that it is good."
- 1 Timothy 6:3 "If any man teach otherwise, and consent not to wholesome words, [even] the words of our Lord Jesus Christ, and to the doctrine which is according to godliness;"
- 1 Corinthians 6:12 “All things are lawful unto me, but all things are not expedient: all things are lawful for me, but I will not be brought under the power of any.”
- James 5:12 “But above all things, my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and [your] nay, nay; lest ye fall into condemnation.”
- ↑ Bowyer, Mod. Civil Law, 19; Sevier v. Riley, 189. Cal. 170, 244 P. 323, 325.
- ↑ Summa Theologica 1st of 2nd Part Treaties on Law Ques. 90 of the Essence of Law. Thomas Aquinas.
- ↑ Jus est norma recti; et quicquid est contra normam recti est injuria. 3 Bulstr.313.
- ↑ Leges humanæ nascuntur, vivuntet moriuntur.
- ↑ Quod ipsis, qui cotraxerunt, abstat; et successoribus eorum obstabit. Di.50.17.29.
- ↑ Legem enim contractus dat. 22 Wend. N.Y. 215,223.
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