This is the law of the land. The law that people make between themselves in a community. When a community gets big enough, they can elect a common law court, and a jury of your peers’ judge you based on:

What they know of you.
What would be reasonably expected in your case.
What has happened in past similar cases.

The last one in particular goes to make common law. Obviously, if enough people do the same things, it makes sense to pass a law citing that this is now the standard practice (or common to all). The problem with common law is the difficulty of making a precedent (a new law that goes against an already established law). Often as the laws expand, it becomes more difficult to create a precedent – after all, what’s so special about you, that you should have an exception no one else before you had.

One other important point to note about common law is that it must be written in common language. That is to say, the language of the land spoken daily by everyone. As everyone should be able to understand it. Obviously, if the language of the land is Galic, or english, or French etc. Then it must be written in that language. With this in mind, it’s law, for the common person, written in common language. This is what makes it common law. You dont need a solicitor, barrister, judge, or special dictionary to explain it to you.

For example. In common law, the word person means what you think it means. The natural living man or woman.

But in legalese (positive law – acts) it not only means the above, but also companies (such as government, Garda, Regulatory bodies, Councils, private or public companies), trusts, and many other types of so called dead or fictional entities.

The reason the above distinction is important, is because may such acts refer to the person, and you thinking you can read english, think you understand what is happening. But actually you have no idea they are referring to a company or even themselves. This is the exact purpose of legalese, to confuse and control. Even solicitors, barristers, and judges often need to look up definitions and reinterpret what they think is their law. If those that made it cannot understand it, how can you (a common man or woman) be expected to understand it?

In common law countries, this is the basis for all law. This is why common law supersedes all other laws except natural law. To understand what is going on, simply review past similar cases and you will have a greater success rate if you can find enough of them that are similar to yours. Even if you can find only different ones but have a good grounds for an exception, you will have a better chance of success than if you do little or no research into previous cases first.

One example of common law is that you can declare your right to do something. It becomes law, until someone disputes it. So for example:

“I declare that I have the right to punch everyone in the nose.”

Now it’s a law. Until disputed. However that does not mean I would get away with trying to do it. Below we can see why under the above 3 guidelines.

Of course, the main reason I would not get away with it is because it breaks natural law which supersedes it. A natural law right to your own personal safety.

Even with the punching law declared above. Natural law exceptions aside. I still can’t just go running around punching people in the nose. At least not without informing them first and giving them a chance to dispute it.

The first point above – do they know me and know that I intend to do this to them?

Even with the punching law declared above. Natural law exceptions aside. Another problem I would run into very quickly is that it would be unreasonable to assume that anybody expects to be punched in the nose without cause.

The second point above – Is it reasonable to expect any sane person to punch you in the nose without cause?

Yet another problem I would face with the punching law above – excluding natural law exceptions, would be:

“If people were punched in the nose before, did their attacker get away with it?”.

The third point above – If the answer is no, then it would not be likely that I would get away with it either, unless there were some extreme exception. That exception would then be recorded in case future similar events happen, and eventually might even become part of common law.

In closing, the punching law above should be seen for what it was, a contrived example for demonstration purposes. I would never win in any case as, first and foremost, it violates peoples natural law right to personal safety.

However, if we were to ignore natural law (we cant). But for this contrived example if we did. The first person to bring me to a common law court with regard to the punching law above, will win. If they did not, certainty anyone else would win because it has now been clearly disputed on record.

Common Law