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OP displays his freewibbler on the loon credentials again
Reply 81
Original post by fodder
It's only hilarious to you because you believe you are merely a consumer, a taxpayer and a follower of TV programmes, trends or sport, a body floating around with molecules, not an expression of God and a reflection of everything that is/ ever was/ ever will be.

The fact that some people managed to deceive you into believing that makes you very exploitable by people who enjoy power by deception. Once you really come to understand the way that then legal/ rational/ corporate world works, you will understand that power is often derived by deception and by confidence tricks like children fooled by a "magician".

You will for example not understand that when someone says they are going to empower you what they are really giving you is doublespeek for "I am going to control you." You had the right to do the thing in the first place but now someone is telling you that your rights are derived from them. If you play ball, you have just allowed them to position themselves above you and therefore take half your equity.


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No, it is hilarious because there is no God and trying to bring divine creation into a debate on legal rights is downright laughable. I am not "merely a consumer", but no god made me.

As for the rest of, yes I do realise that government and law are ultimately an illusion we all choose to believe. But I also realise that it is an illusion that is rather useful, it has problems but it is far better than the alternative. It is all well and good to claim your intrinsic rights, but one man is weak and without a government willing to guarantee those rights it is difficult to defend them. If you don't like states, try moving to Somalia.
*sigh*

This OP again...
Oh look, the 'I'm right, you're delusioned' ploy. I hadn't seen that in a long time.
Reply 84
Original post by gladders
And then the US had several rebellions and a civil war which the State fought and crushed. No contest.



And none of these specify that any old Joe can set up a court which must be respected by the State.



Common law is based on precedent, or case law. Statutory law is written law as decided by the legislature or other government agency. The main differences are how the laws are created and the basis of challenges.

Under common law, new laws are created through the decisions made by judges. When the judges are listening to a case, they are making decisions based on the decisions made in previous cases. In situations where no specific applicable law can be found, the decision the judge makes then become law.

Lawyers preparing to argue a case must make submissions to the court for decisions on different items based on case or common law and statutory laws that are applicable. If the plaintiff or the defendant decides to appeal the decision, they must make an argument to the appeals court. The submission must list the objections to the decision based on prior law or legal procedures.

Statutory laws are those made by the government of a country. There are several reasons to issue these types of law: to meet citizens needs, to formalize existing law or resolve an outstanding issue that the courts refer to the government. The government has a clear role in determining the laws and punishments that are appropriate for their country.


And in Common Law what happens if there is specific precedent and someone wishes to dispute the case in question in the highest court of the land?

And separately, what / who do you consider to be the highest point of authority in the land? And if your are naming an organisation who specifically in the organisation do you claim is the higher point of authority?

Thirdly, in Greece for various reasons, a significant percentage of the population are not paying their taxes. Do you think that they all need to pay their taxes? How would you enforce this? It is already the law that Greek people must pay taxes under punishment of prison yet they many still do not pay as they see it as theft. So presumably they only way to enforce this is militarily, or making non payment of tax a capital offence. Would you support that?

http://www.zerohedge.com/news/2015-02-25/biggest-problem-greece-isnt-debt-its


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(edited 9 years ago)
Reply 85
Original post by zippyRN
OP displays his freewibbler on the loon credentials again


Is that an intellectual response to what is probably the first group of people who are questioning the relationship between the individual and state in modern times since probably Marx and Hegel?



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Original post by fodder
Is that an intellectual response to what is probably the first group of people who are questioning the relationship between the individual and state in modern times since probably Marx and Hegel?



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Freewibble is not challenging anything , except the patience of the rest of the population while it's infantile adherants display an imbecilic conviction that they have miraculously found the 'cheat code for life '
Reply 87
Original post by zippyRN
Freewibble is not challenging anything , except the patience of the rest of the population while it's infantile adherants display an imbecilic conviction that they have miraculously found the 'cheat code for life '


The state is legal custodian while a person has equitable ownership of an artefact meaning that a trust relationship has been created.

The identification of such relationships is necessary to clarify situations where the nature of these established relationships has been forgotten. People in official capacities have been just repeating actions, reading oaths and legal terms just as some magic words without actually understanding the meaning.

People are accusing people who try to clarify these relationships as reading magic words or cheat codes and this is not the case.

Yes there are some people trying to repeat some phrases like a monkey, magic phrases as a cheat code. And yes they tend to lose in court if they are being disingenuous and not knowing what they are doing.

That is not what I am trying to do.

I am examining the relationships that you have never bothered to examine.


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(edited 9 years ago)
Original post by fodder
And in Common Law what happens if there is specific precedent and someone wishes to dispute the case in question in the highest court of the land?

First, they have to demonstrate precedent; second, the court must determine if that precedent is still reasonable and relevant in the case at hand. Through this, common law evolves.

And separately, what / who do you consider to be the highest point of authority in the land? And if your are naming an organisation who specifically in the organisation do you claim is the higher point of authority?


Parliament, and, in a symbolic sense, the Queen.
Reply 89
Original post by gladders
First, they have to demonstrate precedent; second, the court must determine if that precedent is still reasonable and relevant in the case at hand. Through this, common law evolves.



Parliament, and, in a symbolic sense, the Queen.



Common law:


To quote you: "the court must determine if that precedent is still reasonable and relevant" - so on other words the decision does not necessarily rely on precedent and therefore the decision making is completely open to arguments and the claims to rights people are making to the court.


Highest point of power:

So if you say that Parliament is the highest point of power, does that mean that the Members of Parliament don't have anyone they are answerable to and accountable to?

Who grants the mandate for Parliament to carry out its activities?


in Greece for various reasons, a significant percentage of the population are not paying their taxes. Do you think that they all need to pay their taxes? How would you enforce this? It is already the law that Greek people must pay taxes under punishment of prison yet they many still do not pay as they see it as theft. So presumably they only way to enforce this is militarily, or making non payment of tax a capital offence. Would you support that?

http://www.zerohedge.com/news/2015-02-25/biggest-problem-greece-isnt-debt-its
(edited 9 years ago)
Original post by fodder
Common law:


To quote you: "the court must determine if that precedent is still reasonable and relevant" - so on other words the decision does not necessarily rely on precedent and therefore the decision making is completely open to arguments and the claims to rights people are making to the court.


Precedent remains a powerful indicator, and it would hold as long as that precedent is still seen as reasonable and fair.

Claims to the rights of people to ignore courts and statute at will would not be considered reasonable, nor fair.

Highest point of power:

So if you say that Parliament is the highest point of power, does that mean that the Members of Parliament don't have anyone they are answerable to and accountable to?


The electorate, at elections.

Who grants the mandate for Parliament to carry out its activities?


In a formal sense, God, through the Queen. In a real sense, we, the people, through elections, and we are all bound to obey Parliament through common consent of the Realm.

in Greece for various reasons, a significant percentage of the population are not paying their taxes. Do you think that they all need to pay their taxes? How would you enforce this? It is already the law that Greek people must pay taxes under punishment of prison yet they many still do not pay as they see it as theft. So presumably they only way to enforce this is militarily, or making non payment of tax a capital offence. Would you support that?


I can't speak for Greek politics, but yes, the Greeks need a punishment, a stick, real enough to make them pay tax. The alternative is their society collapses, as we are seeing happening.
Reply 91
Original post by gladders
Precedent remains a powerful indicator, and it would hold as long as that precedent is still seen as reasonable and fair.

Claims to the rights of people to ignore courts and statute at will would not be considered reasonable, nor fair.



The electorate, at elections.



In a formal sense, God, through the Queen. In a real sense, we, the people, through elections, and we are all bound to obey Parliament through common consent of the Realm.



I can't speak for Greek politics, but yes, the Greeks need a punishment, a stick, real enough to make them pay tax. The alternative is their society collapses, as we are seeing happening.


So what if 'the majority' decided and voted parliament was just too expensive and did not require it's 'services' henceforth?


How big a stick might be required to get Greek people to comply?..... a gun? .....if so, would there be a limit to the number to be shot?

edit---- there are no alternatives for the Greek people they have to learn to live within their means.

They have to default on an unpayable debt (which was agreed by politicians and their banker friends..... NOT agreed by the tax payers) ....or pay the interest on the unpayable debt ......

....... seems spending ones way out of trouble has failed there.
(edited 9 years ago)
Original post by nixy49
So what if 'the majority' decided and voted parliament was just too expensive and did not require it's 'services' henceforth?


Well, then Parliament would shut down, or at least, the chunk that wished to still have a Parliament would continue to be governed, and the rest would live in an anarchy. But that's not going to happen, is it? As unpopular as the State and Parliament are, the enormous majority recognise it as indispensable.

How big a stick might be required to get Greek people to comply?..... a gun? .....if so, would there be a limit to the number to be shot?


Where are you going with this? I am not a Greek politician, and it's up to the Greeks to sort out their problems. I am simply saying that if you wish to live in a country which has a State, then you should obey the law.

Don't like the law? Obey it, and work to have it changed through proper procedure.

Dislike being subject to a State entirely? Then either work to have that State dismantled through common consent of the people, or leave to set up your own lawless community elsewhere.

Don't like paying taxes, and yet somehow still want the State to do everything for you? You're an idiot, and deserve the mess you country is in.

They have to default on an unpayable debt (which was agreed by politicians and their banker friends..... NOT agreed by the tax payers) ....or pay the interest on the unpayable debt ......

....... seems spending ones way out of trouble has failed there.


Well yes, that's my point. If they want the State to do this stuff, they have to pay. Speaking for myself, who pays his taxes in full and would be willing to pay more to help my fellows, I find tax evasion repugnant.
(edited 9 years ago)
Reply 93
Original post by gladders
Precedent remains a powerful indicator, and it would hold as long as that precedent is still seen as reasonable and fair.

Claims to the rights of people to ignore courts and statute at will would not be considered reasonable, nor fair.



The electorate, at elections.



In a formal sense, God, through the Queen. In a real sense, we, the people, through elections, and we are all bound to obey Parliament through common consent of the Realm.



I can't speak for Greek politics, but yes, the Greeks need a punishment, a stick, real enough to make them pay tax. The alternative is their society collapses, as we are seeing happening.


So if one can make a claim that precedent is not reasonable and fair, one can rebut it. When do you think this kind of action may happen? Surely this goes back to the fact that the legal system is essentially flexible and open to new and differing arguments and frameworks.

So the Parliament has as its master it's voters, the people. And higher than the people is God.

Therefore doesn't it follow that at the highest level is God's law, then natural law (the people), then Common law (the state law with inputs from the higher laws), then statute law (the codified law & rules: this is a controlled parking zone Monday to Friday 9am to 5pm).

Doesn't it also follow that the State is a servant of member of the public and answerable to him and not his master?

So if a public servant tries to remove the natural rights of a member of the public and produced a statutory instrument as backup, what should the member of the public tell him?


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Original post by fodder
So if one can make a claim that precedent is not reasonable and fair, one can rebut it. When do you think this kind of action may happen? Surely this goes back to the fact that the legal system is essentially flexible and open to new and differing arguments and frameworks.


Yes, but an undisputable fact, acknowledged by all courts, is that nobody can renounce their being subject to the law. This has always been the case.

So the Parliament has as its master it's voters, the people. And higher than the people is God.


Yes, but as an atheist, I don't believe in God, so the latter is superfluous to requirements.

Therefore doesn't it follow that at the highest level is God's law, then natural law (the people), then Common law (the state law with inputs from the higher laws), then statute law (the codified law & rules: this is a controlled parking zone Monday to Friday 9am to 5pm).


Not at all. I don't believe in God, and natural law is little more than 'I am only free insofar as I have a bigger gun than my neighbour'. Statute law is superior to common law, as common law is merely habit and custom, while Statute is what the nation has come together to decide.

Doesn't it also follow that the State is a servant of member of the public and answerable to him and not his master?


Quite, through Parliament.

So if a public servant tries to remove the natural rights of a member of the public and produced a statutory instrument as backup, what should the member of the public tell him?


If the Statute is clear, then the public servant hasn't got much of a hope. But if he persists, the member of the public can see him in court. What the court decides goes. If the member of the public is correct in what the Statute says, then he can be confident that the court will side with him.
Reply 95
Original post by gladders
Well, then Parliament would shut down, or at least, the chunk that wished to still have a Parliament would continue to be governed, and the rest would live in an anarchy. But that's not going to happen, is it? As unpopular as the State and Parliament are, the enormous majority recognise it as indispensable.



Where are you going with this? I am not a Greek politician, and it's up to the Greeks to sort out their problems. I am simply saying that if you wish to live in a country which has a State, then you should obey the law.

Don't like the law? Obey it, and work to have it changed through proper procedure.

Dislike being subject to a State entirely? Then either work to have that State dismantled through common consent of the people, or leave to set up your own lawless community elsewhere.

Don't like paying taxes, and yet somehow still want the State to do everything for you? You're an idiot, and deserve the mess you country is in.



Well yes, that's my point. If they want the State to do this stuff, they have to pay. Speaking for myself, who pays his taxes in full and would be willing to pay more to help my fellows, I find tax evasion repugnant.


That's very noble of you, but, what you fail to grasp is politicians collude with bankers to leverage your good nature to create debt.... payable by future generations (students).
They could not have created this debt without you (and me) underwriting it.

And people vote for those who can create the most debt ...... until they can't.

So 'where am I going with this?' ...... I am trying to illustrate what states are capable of.

Watch Greece...... chances are it won't be the first.

You seem to be under an illusion, those who see tax as wrong are people who do not care for their fellows....sorry mate, but you simply do not know this.
Surely it's better (AND cheaper) for a person to give directly to his fellows voluntarily rather than coerced at the point of a gun?


However.....not to worry....

.... I do accept this is all kinda moot, without re-evaluating this whole notion of land 'ownership'...... where, a few hundreds of years ago, people in nice costumes with weapons declared 'ownership' of land.....and had the cheek to charge rent to poor mugs. But, many of the poor mugs, who were impressed by those in nice costumes, believed the earth was flat ...... seems many still are.
Original post by nixy49
That's very noble of you, but, what you fail to grasp is politicians collude with bankers to leverage your good nature to create debt.... payable by future generations (students).
They could not have created this debt without you (and me) underwriting it.

And people vote for those who can create the most debt ...... until they can't.

So 'where am I going with this?' ...... I am trying to illustrate what states are capable of.

Watch Greece...... chances are it won't be the first.

You seem to be under an illusion, those who see tax as wrong are people who do not care for their fellows....sorry mate, but you simply do not know this.
Surely it's better (AND cheaper) for a person to give directly to his fellows voluntarily rather than coerced at the point of a gun?

However.....not to worry....

.... I do accept this is all kinda moot, without re-evaluating this whole notion of land 'ownership'...... where, a few hundreds of years ago, people in nice costumes with weapons declared 'ownership' of land.....and had the cheek to charge rent to poor mugs. But, many of the poor mugs, who were impressed by those in nice costumes, believed the earth was flat ...... seems many still are.


Not at all. I fully acknowledge that those in government have a tendency to corruption and we have to be watchful of them. Hell, if that weren't true, then we wouldn't need Parliaments to keep them in line.

But sometimes the choice is between two rather shoddy alternatives, and you have to choose the lesser of two evils. Clearly, the lesser evil is government.

I would much rather be subservient to a partially corrupt state which I can hold to account through elections, and am able to speak out against, and whose courts and officers protect me from harm, on the most part, than live in an anarchy, where my private property constitutes only that which I am able to hold on to without getting shot, and there is absolutely no redress of grievances beyond getting my gun and shooting whoever I think wronged me, assuming he didn't kill me beforehand, knowing that nobody else will come to my aid.

To paraphrase Mr. Hobbes, natural law is a life which is nasty, brutish, and short.
Reply 97
Original post by nixy49
That's very noble of you, but, what you fail to grasp is politicians collude with bankers to leverage your good nature to create debt.... payable by future generations (students).
They could not have created this debt without you (and me) underwriting it.

And people vote for those who can create the most debt ...... until they can't.

So 'where am I going with this?' ...... I am trying to illustrate what states are capable of.

Watch Greece...... chances are it won't be the first.

You seem to be under an illusion, those who see tax as wrong are people who do not care for their fellows....sorry mate, but you simply do not know this.
Surely it's better (AND cheaper) for a person to give directly to his fellows voluntarily rather than coerced at the point of a gun?


However.....not to worry....

.... I do accept this is all kinda moot, without re-evaluating this whole notion of land 'ownership'...... where, a few hundreds of years ago, people in nice costumes with weapons declared 'ownership' of land.....and had the cheek to charge rent to poor mugs. But, many of the poor mugs, who were impressed by those in nice costumes, believed the earth was flat ...... seems many still are.


And the people who claimed all this stuff sold me some houses 20 years ago. Now thanks to a huge increase in credit by their banking mates the prices sky rocketed.

Gladders is free to buy one of the houses off me for a million pounds if it's anywhere near somewhere he can work I.e. Westminster. (That would only be a 40 square metre flat).

He will effectively be working for me paying it off for the whole of his life. But he's free, he was free to chose his flat. Might be Hobson's choice mind you but still a choice.




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Without law, we wouldn't have any ability to own houses at all. We'd be the serfs of whatever nearby gang got the upper hand.
Reply 99
Original post by gladders
Without law, we wouldn't have any ability to own houses at all. We'd be the serfs of whatever nearby gang got the upper hand.


Not true, modernity is a construct that we have submitted to. You have been sold the idea of the evil mob that the white Knights protect you against. The evil mob in reality is made up of brainwashed non-authentic people playing into a construct of modernity.

To be in modernity is not not be the authentic person. The reason why we have terms like postmodern is because we know that the there an ending because it cannot work. It is supposed to be a never ending end or perpetual crisis. We are told that we must accept this as normality or we are the enemy.

In traditional society there was a order and respect for people and communities in that order. History always talks about the battles and hardships but less about the balances that existed.

Alexander Dugin, Advisor to Vladimir Putin explains at a London conference the essence of modernity, it's myths like eternal economic growth and the post unipolar world:






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(edited 9 years ago)

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