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Theoretical and Applied Law
Copyright 1998 Lawyerdude
Criminal Law is communication at its worst; instead of telling you what they don't want you to do, they simply fine you money or put you in jail. This may seem trivial until you consider the strange things that I have been punished for - like writing a petitions. I was disbarred for writing bankruptcy petitions. I was arrested by the FBI and lost my home for writing a traffic court petition. When one communicator is very powerful (like your Dad) he does not need to say much - and you are taught not to talk back. Palaschak's theory of macro-psychology says that organizations (such as criminal courts) adopt a group psyche that is a sum of the individual psyches weighted for dominance.
Trends in the law. Hurtado v California is due to be overturned. It was wrong when decided in the 1800's. The Hurtado opinion is here: www.lawyerdude.8k.com/hurtado.html Commentary is here: www.lawyerdude.8k.com/5762.html
Constitutional law is the science of weighing competing fundamental societal objectives.
For every wrong there is a remedy.
Law is the science of dispute resolution.
Litigation is merely formalized communication designed to effect a remedy.
Modern statutes are merely codification of the common law. Codes are not written democratically. Rather, they are written by experts paid by committees in the legislature. These experts and committees have their own agendas. Often they adopt codes from other states Invariably the codes fail to include important provisions of the law - such as defenses to crimes. As a result the populace is deceived as to what is the law. As a result our beautiful distilled perfected common law is diminished and replaced in Orwellian style by government propaganda. Example: Compare PC 1018 with the ancient right to petition for writ of error coram nobis.
1. Castrate corporations. They work well for accounting. They have no business making policy. Forbid corporation from suing and from paying or dealing with legislators.
2. Criminalize and Eliminate employment. Employment is serfdom neuveux. Partnership is the dignified way to accomplish work and reward effort.
3. Criminalize renting. Renting is a method of creating an artificial shortage and then abusing the less wealthy by intruding into their market for housing.
4. Eliminate the non-producers and non-users from the commodities futures market. They did this in England over 350 years ago. See Blackstone's commentaries on the law.
3.