There is much debate, and possible confusion, when discussing Common Law. Some say it is unspoken and unwritten and is universal, others say it protects your rights and involves jury of twelve.
Perhaps it is better to consider “Common Law” as a general term, and focus on Universal Law.
Many people don’t know the difference between lawful and legal. However, there is an easy way to tell the difference. Consider the following the “Koch’s postulates” of determining law.
The Sovereign Postulates:
A just Law can only exist where all people are considered equal within their own sovereignty, court and jurisdiction. No individual or party can claim authority over another.
A Law is a decree that applies to everyone equally and limits their freedom to the point of violating the freedoms of another.
For a directive to be considered a Law, and for someone to have broken said Law, there must be two fundament parts at all times:
i. The Law must be universally accepted by everyone equally, and applies to the living. For example, no one wants to be murdered, stolen from or assaulted against their will.
ii. There MUST be a VICTIM. If there is no injured party, then no Law has been broken or crime committed.
Breaking a Law is considered a crime. Breaking legislation is breach of contract, if agreed upon beforehand.
A Law does not prevent a crime; it just acknowledges there will be repercussions to those who break it.
A Law CANNOT initiate the violation of a person’s freedom, nor cause them harm or loss. If a person decrees such a Law, then it is void and should not be followed. Declaring such a decree would be against the Law.
These postulates need to be kept simple, so people can remember them.
After all, a law is simple to begin with.
Universal Law
The Sovereign Postulates: