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 9/6/2011 4:22 AM
 

I am not that hung up on what to call the courts. I have a preference for “The Peoples Court of Australia” because I have been using that name to describe them for some years now. We are proposing a set of courts that are created by and for the benefit of the people of Australia. Not the king/regent.

There is a reason I do not like “Common Law Courts” so much though I can live with them. The reason is this. After Henry the Lawgiver (I believe) there was an effort to “standardise” court descisions. This was subversion. The king ordered that his staff travel the lands and record the decisions being made in the courts for various crimes and to collate them and standardise them. This was sold as “helping” communities get consistent results. The question seems no to have been asked “but why would we need consistent results when we are happy with what we have?”

The process of collating the decisions that were being handed down by the peoples courts was referred to as “common law” to create the message that it was standard and common across the realm. At least that is how one article I read put it.

It is also called the common law on the basis that it is the law of the common people. Which would make one beg the question is there a different set of laws for the not-common people.

It seems to me that the only thing that we really need to concentrate on is the jury trial. Apart from that we can leave all other items aside. And the jury trial must apply to all men and women over the age of 18 of sound mind who are properly accused of committing crimes.

In reading through the history books? The “panel” of older men of good standing in the community judging situations and passing remedies seems to have been the most reliable mechanism of maintaining law and order across many thousands of years across many cultures. There are surprisingly few “improvements” in the trial by jury over any panel of men judging a situation.

There is also the point that “common law” is often meant to mean “English Common Law”. And we are not English in Australia. Indeed the English are the biggest bunch of criminals on the planet and have been for 500 years. That they had a good PR system is beside the point. Churchill was, some years ago, voted the most influential Briton of all time. The fact that he was one of the worlds greatest war criminals for his part in precipitting World War II seems to escape the attention of most Britons.

The winners write the history books.

In Australia I see the jury trial starting to develop case law that diverges from the English Common Law. So I see that leaving the words “common law” out of the name of the courts and just using Peoples Courts of Australia seems to make sense.

At least that is the level of thinking I am at now about these.

Whatever we call them? We need a procedure for men to use when running them.


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 5/5/2012 1:25 PM
 
see uploaded attachment.   The LAW of the LAND is that which a jury accepts on behalf of the people, as a JURY is an agent of and for the people. 
   A jury determines, through each individual juror, according to his/her conscience and in light of the evidence presented in court.  NOTE:  there is NO mention of the law, whether that be statute or existing common law -- the law is merely part of the evidence that begets the charge against the accused, and thus binds NOT any juror.
  The idea of precedence is something the legal profession has invented. It does not serve JUSTICE, but merely gives the legal profession something the hang its coat-tails on, and thus charge you $$$$$$$$$$$$$$$$$$$$$$$$$
    Is the case against you, dependent on Fred Smith's former misdeeds, or Mary Jones previous misdeeds? So you end up charged with murder and thereby incarcerated based on John Citizen's murder case decades earlier?
   A legal system based on JUSTICE is difficult for those in power, or Government, for justice is not necessarily the outcome the Government wants.
  Doug  Harrison,  Common Law Advocate   03 5983 6550
 Common Law Trial by Jury Aust today.doc
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 5/7/2012 1:46 PM
 
Hi Doug,
welcome aboard. Good to have you here.

The position of expert in common law in brisbane is open. You might want to volunteer for that position. It is a paid position of 2 ounces of silver per hour of service in the court. This is paid more than the secretary on the basis that the expert in common law must do reading of other cases to stay up to date and the reading of other cases is not paid for as it is too hard to track.
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