All Honest People have long Recognized the mechanism of “Conscience”.
Definitions of this very important word recognize that All People are basically
endowed with some capabilities for recognizing a Natural form of "Justice".
Tradition has it that this Naturally-Conscionable "Justice" comes
from God. It is there-in assumed that God speaks to "Reasonable Men"
by way of what numerous other reputable legal sources have termed the "Dictates
of Conscience". These ideas Form the Basis of the Honorable Definition
of “Common-law”; as the following citation shows:
"Prior to 1850
... . Legal theory and political philosophy emphasized the importance of the
Jury in divining natural law, which was thought to be a better source for
decision than the "authority of black letter maxim." Since natural
law was accessible to lay people, it was held to be the duty of each juror
to determine for himself whether elf whether a particular rule of law embodied
the principles of the higher natural law. Indeed, it was argued
that the United States Constitution embodied a codification of natural rights
so that "the reliance by the jury on a higher law was usually viewed as
a constitutional judgement * * *."
(West Hornbook
on "Civil Procedure"; Friedenthal, Kane & Miller,, 1985).
There are numerous other reputable legal-text-book sources which confirm this
basic idea. The Logical Implication of the above quote would seem to indicate
that it was the Original Intent by the Framers of the U.S. Constitution to Secure
to "We the People" a reliable & time tested Process for securing
to our-selves Naturally-Conscionable "Justice".
The Sociological Phenomenon behind these ideas, are that when "Reasonable
People" Come Together on an "Equal Footing" into “Community
Groups” such as in Juries, all so-as-to produce as their Work-Product
the hammering-out of a “Consensus” concerning a Community-Governing
“Judgement”. These People are here-by to collectively labor so-as-to
Decided the Merits of an Accusation before them that some Natural-Person has
Violated Universally-Recognizable “Minimal Standards of Behavior”.
All of these people must Agree that their decision is "Fair & Equal"
to the litigants, & there-after to the Community; & that here-by they
have arrived at a “Work-Product Judgement” which is presentable
to All Others Concerned as being in "Good Conscience" & ‘Reasonable”.
Through process such as this, Small Communities of Honorable People can Routinely
Achieve the “Just Resolution” of All Potentially Violent Controversies
between Men. In turn; this achieves that "Domestic Tranquility" which
is listed as the second item in the Preamble to the US Constitution, directly
after "More Perfect Union". This "Tranquility" is Defined
in good dictionaries as the equivalent of the All Important "Peace".
"Peace" was the Agreed-On “Original Intent” behind that
US Constitution document; & case-law verifies this. "Peace" is
specifically itemized also right up front in the Preambles of most State Constitutions.
In Oregon it's at Article 1 Section 1.
In order to Responsibly Address the Critically Important Issues surrounding
“Peace”, it must be pragmatically recognized that Men frequently
become Angry with each other over Property, Women, Leadership Positions, &
many other things. Next it is Necessary to Recognize that this constantly looming
the Potential for Lawless-Violence is Significantly Reduced when Conflicts are
"Resolved" through Rules of Conduct which are applied "Equally"
& which are commonly viewed to be inherently "Fair" to all concerned.
They also should achieve this end-goal in manners which are Quick, & Efficient.
When Just Adjudication of Conflicts is achieved in such "Fair & Equal"
manners as this, it De-Fuses Resentments, it Builds “Trust” between
in the Community Members involved, & it salvages angry men from following
path-ways of destruction against them-selves, their loved ones, & the community
at large.
This is what True “Common-Law” is designed to achieve. In its
"More Perfected" sense, it was "Inquisitorial" in Nature.
This was the process in place in England prior to the evils of the Norman Conquest
of 1066-ad. Here-under the Jurors Knew their Neighbors in Their own Local Community.
They know who had good Reputations, & who did not. The process was usually
entrusted to Elders or "Aldermen", who were less physical than the
younger folks, but were more advanced in the necessary comprehension of the
rather complex dynamic involved. These were the basic default "Jurors"
of the Community.
When-ever a Complaint was made to any of them; the “Law” required
them to Visit People in the Community so-as-to "Inquire" as to the
Merits of the Accusation against the defendant, & there-by to Judge the
likely-hood that the Accusation against him was True.
Here-under; Common-Law requites that Twelve Separate Individuals of Good Reputation
& Sworn upon his Honor before the entire Community, to Seek Out “Naturally-Conscionable
Justice” concerning this Accusation. Under this process, & with such
Honorable Men involved, "Vigilance" is a positive event. "Truth"
with regard to the substance of the Accusations has very high probability of
being Revealed to at least one of the Juror-Aldermen-Judges. And when they all
re-convened back in their community’s "General Assembly", that
very same “Truth” has very good chance of being accepted by the
rest of the Jurors. .
And here-under; the issue of "God" comes into play. This Common-Law
"Process of Law" which these men invoked was recognizable among what
were called "Christian Nations". This gets into a whole other discussion,
but briefly it centers on our opening concern of the "Dictates of Conscience".
This all gets Religious, because it was Well Recognized then that Following
the "Dictates of Conscience" could be Faked by men who did Not sincerely
Believe in Any God. And it is here-by, & not through any other out-side
source; that the “Circle of Christian Nations” was formed. This
was accomplished solely through a “Circle” being spontaneously-formed,
amongst honorable Nation-State Communities, to Defend Them-Selves & their
fellows from Out-Side Lawless Aggressors. This was a Sociologically “Natural/Organic
Process”, as Each Community Nation/State Recognized the Credibility of
his fellow Nation/States, & the looming Threat from those Aggressors who
were on the Out-Side of Godly Higher-Law, as “Out-Laws”. This
was a “Democratic Process”, where-under Competition was an ear-marking
of spiritual-retardation. These ideas are all shown through the Definition
of the following key words:
"INFIDEL:
... One who does not believe in the existence of a God, who will reward or punish
in this world or that which is to come. ... Hawkins includes among infidels,
such as do not believe either in the Old or New Testament. ... It is now settled
that when the witness believes in a God who will reward or punish him even in
this world he is competent. See willes, R. 550. His belief may be proved
from his previous declarations and avowed opinions ..." (Bouvier's
Law Dictionary, 1856)
"INFIDEL: One who
does not believe in the existence of a God who will reward or punish in this
world or in that which is to come. One who professes no religion that can
bind his conscience to speak the truth. One who does not recognize the inspiration
or obligation of the Holy Scriptures, or generally recognized features of the
Christian Religion." (Black's Law Dictionary, 5th; 1979)
This Definition effectively shows that “Christian Nations” are
composed of People who are “Bound by Conscience to Speak the Truth”.
And it clearly indicates Why there are “Non Christian Nations”;
ie: because they are “Infidels” who are Not “Bound by Conscience
to Speak Truth”.
There is no way around it. The cold hard facts are that the "Administration
of Justice" is a most serious endeavor. Its one step short of War. When
the "Administration of Justice" breaks down, resentments inevitably
build, & violence inevitably ensues. Such are Sociological "Natural
Laws" which will Not be Denied! The “Naturally-Conscionable Justice"
is of “Primary Importance”. And this is precisely what “Common-Law”
was Anciently Designed to Achieve.
Case Law states that “Justice” is the End Goal of Why States &
Governments are Formed. In American & England; "Justice" is Administered
by Ancient & Traditionally Recognizable "Due Process of Law".
Here-under; Twelve Men must Come-Together, & each of them must Not be "Infidels",
& they are to be very closely acquainted with the Reputation of Accused,
with-out being of a blood-relation to him. Here-under; the Accused has the Right
to Search Out specific Non-Infidel People from with-in the Community who will
Step Forward to "Swear" by "Oath" as before God, that they
believe that the Accused is Innocent of the Accusation Against Him. If Twelve
such Honorable Men Unanimously Reach this Conclusion, & the Record of the
“Due Process of Law” Proceedings of the Court are other-wise in
basic order; then the Accused Walks Free. The Twelve Jurors are Pledged to Deliberate
un-till a “Unanimous Verdict” is Achieved. And un-like under modern
“Civil Procedure”; the “Rules of the Common-Law” Facilitate
Final Resolution of All Honest Dis-Agreement s In Favor of the Acquittal of
the Accused. The Only thing which could possibly hinder such a “Unanimous
Verdict”, is if One of the Jurors suddenly became of “Dis-Honorable
Character”. Because such events were exceedingly rare, “Unanimous
Verdicts” were all-most all-ways Consistently Achieved.
This is “Common-Law” in Action. This is “Due Process of Law”
in Action.
Such “Protections for the Accused” as this, are Guarantees under
Natural Logic, that All Accused Persons will Not Be Lawlessly Punished for Crimes,
unless this "Due Process of Law" so Judges this to be “the Conscionable
thing to do”.
Here-under; the Accused will have had Exhaustive Opportunity to prove him-self
Innocent of the Crimes of which he is Accused. If he is convicted under such
circumstances, it is Reasonable to assume that the conviction was one which
was arrived at by way of a truly "Conscionable" Process, & where-by
a truly "Natural" sense of "Justice" was achieved. Here-under;
All potential Accusers are provided with such Remedy as Serves to Advance “Naturally-Conscionable
Justice”". Here-by; the Larger Community is provided with Adequate
Protections fro All "Breaches of the Peace".
This is the basic cold/methodological "Science" behind What "Common-Law"
is, & Why Good People every-where need it.
Originally Composed in May-1999
Extensively Revised in June-2005
By: charles bruce, stewart; of sandy oregon