Foundation

 

Logic of Civil law and Common law in the form of a circle.

Click each link to see the bigger picture.


Civil Law

Imperial Rome taught the supremacy of perfected human reason in Justinian’s Code. “In the civil law world, the movement toward the extremes of the inquisitorial model was impelled by the revival of Roman law. The influence of canonic procedure, and, most important, the rise of statism… The prince as the personification for eh state had the power to punish and pardon unrestricted by rules.”

Protestant Reformation began with John Wycliff, and followed by Martin Luther & Wyclif’s disciple Bohemian Jan Hus (John Huss). The holy Roman emperor the Roman pope was threatened by the Protestant Reformation because it taught christianity and encouraged German power.  Christianity is based on Common Law and instead of using perfect reason, common law, the law of nature and God, uses reason also but combines it with logic, and intuition and all of the human senses. This was a threat to the power of the Imperial church which used the civil law and the latin tongue along with secret meetings. The Imperial Roman church opened the first universities where the popes and priests attended to learn civil law assuring continued power of the church over the people, much like what is done today in America. The civil law theories was always meant to keep power at the top among a few wealthy men.


Common Law

Prior to the wealthy landowners of Rome successfully obtaining the power with Justinian’s code, or civil law, Rome was a republic though different than the republic we think of when describing America. After civil law took over Rome it soon fell, the Roman church used Justinian’s Code to teach cannon law, used to keep the church in power. Common law, coming from scripture and nature  is often referred to as folk lore or folk law, the law of the common man, the folks. This law is discovered and applied through reason, logic and the human senses. Unlike civil law, written by man for man, the Common Law has its foundations in nature and is discovered by man. If man choose to leave the common law and practice the civil law, or allow civil law to rule over the man, the Roman church welcomed those who would be subservient to it. With folk law, there was no need for a centralization of power, each man was duty bound to keep the law, today man would answer for crimes in common law courts judged only by his peers. With common law, there is no small group of men, or idols, to control the rest of the population as with common law power comes from the bottom up, not like civil law where power comes from the top rarely reaching the grassroots.


The Common Law has specific foundational principals.

FOUNDATION OF COMMON LAW

 “Law is the discovery of the application of truth. This leading ideal of the common-law tradition has lasted through he Norman Period and the Reformation to the present. Believing that law is eternal because the God of creation, the divine fountain of law, is eternal, the courts of medieval England claimed only to discern and declare the application of law that had always existed, never to make law. In those early days, as today, the undiscerning brush of legislation, being abstract from the conflicts of real relationships, obscures this principle. Sweeping generalizations of cannon-law theorists followed by high-handed state action aimed at forced uniformity-all by faith in the distant decrees of legal scientists-erodes liberty of relationships freely entered, and the resultant benefits.” Brent Winters, Excellence of the Common Law, pg. 838

Texas Common Law Grand Juries