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Viruses
and
The Common Law
We are not, as some have said, living in “unprecedented” times. The problems that
face us are different facets of old perils, and because of this we can and should look to the
past for guidance.
Presently there is a new virus making its rounds. Many of us wonder how real the
threat is, how serious the danger, and if the measures taken are really wise; while many
others wonder if they will survive, and if the steps taken are at all sufficient. A societal
experience we might call a duel between freedom and fear.
Fear would have us remaining indoors indefinitely, awaiting external salvation in the
form of a vaccine or other similar medical product that will keep us “safe”. It would have us
abandon our places of worship, of fellowship, of kinship, and hand us an electronic pacifier
with 5G wi-fi to keep us quiet. Fear would tell us that it is safer, and therefore better, to
abandon our livelihood and rely on an outside group to provide for us and for our families
in every way, down to when you’re allowed to set your own two hands to working. Fear
would have us surrender self-reliance, and thereby enslave us.
Freedom would say we are to choose our own path through this uncertain time,
based on what we believe to be right. It would inspire us to do our own research with the
amazing tools that are available, and put our incredible minds to work on our own
salvation. It would say that life comes with risk, and each of us has the right to risk if we
choose to. Freedom would tell us it’s ok to feel the fear, then transmute it into love and use
that to fuel our efforts to keep our families and ourselves healthy, which is a prerequisite
for self-reliance.
Looking out across the world, we see the shuttering of commercial enterprise and
the restriction of movement. In some places, like Communist China, undeniably draconian
measures have been taken: video evidences drones patrolling towns for the non-compliant,
while whistleblowing doctors have disappeared. And to what end, for what reason? They
answer that the people must trust, must surrender their judgment and freedom in exchange
for the promise of protection from a virus.
In America, freedom is a national ideal. The foundation for this ideal has its roots
in what is known as Common Law. The fact that you probably do not know what I mean
demonstrates the severity of the problem. Common Law is the foundation of American
jurisprudence (philosophy of law), all Her founding documents were based upon it, and it
has much to teach us at this time for it is concerned with balancing freedoms and fears.
The first principle of Common Law is “do no harm”. This is in stark contrast to
“civil law”, which would tell us to “do as you are permitted or told”. Presently, many of us
have been asked to stay at home, which is a sensible suggestion for a civil servant to make,
yet we dare not forget that on this Common Law land, our servants may not lawfully tell us
what to do (give an order), we remain free to do as we choose as it harms no one. {Standing
on that right is an art unto itself, but I have experienced the truth of it, you can too.} And
by “harm” we mean objective harm, not the nebulous potential harm of possibly infecting
someone by simply being outdoors. Consent is also a factor: If 51 Men and Women
decide to congregate in a private space, who on Earth has the authority to deny them?
Much like children testing their parents, civil servants will issue orders to the
people, and if we give in then they get their way. It falls to we the people to stand on our
rights, just as it falls to parents to assert their will and have the children finish their chores.
Admittedly, civil servants cut a more imposing figure than any child on account of their
apparent support from the legal system, but we can assert our own authority by standing
firm on the lawful system.
They are two words that are often used interchangeably, yet there is indeed a
recognized difference between legal and lawful; something might be one but not the other.
This is huge.
Much study could and should be dedicated to further understanding this reality, but
here is a quick rundown of the topic.
Where do your “rights” come from? If you believe your rights come from a piece
of paper scribbled on by dead men, rejoice, for you are mistaken.
Each individual Man or Woman is a sovereign without subjects, and some of these
sovereign individuals band together to create a government. Because a creation can never
govern its creator, government had to create persons. Other words for ‘persons’ include
corporations, officers, presidents, congresswomen, drivers, citizens, residents, defendants,
taxpayers, parents, inmates/convicts, patients, homeowners, and more. Such things are
masks, or personas if you like it old-school. A Man or Woman is free to do as they please
(as it harms no one), and this includes taking on a persona. They may hold an office,
exercise certain powers, or act in various ways. All the world’s a stage.
When trying to sort out your rights by the common law philosophy it is important
to remember that a Wo/Man has the right to do anything so long as it does not harm
anyone else or their property, or cause an objective threat to the same. To truly be a Man
or Woman is to use discretion and ultimately accept responsibility for your actions. You
have the right to travel down a sunny freeway at 90mph if you choose, and if you hit
someone you need to own that.
Personas are a different story. A persona (and whomever is acting for it) can be
bound by anything written into code or statute, so be careful when you choose to play a
role. The executive orders being issued hither and yon these days are also absolutely
binding for personas and legal persons (ex. businesses).
The dead letter of a written statute can govern the non-living persona but only the
hearts and minds of a panel of living judges (jury) can apply the Law to living Wo/Men.
This is how common law can function without being written down. Whatever the
controversy—a “crime” like assault, or a “tort” like slander—a jury can be empaneled to
judge it. They don’t need written rules about legal and illegal, they just need the facts. With
the facts the jurors can decide in their hearts what they believe is right or wrong, and
hopefully through deliberation reach concordance with one another and deliver justice.
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Interestingly, the 7 amendment to the constitution acknowledges our right to have
“suits at common law”(our controversy) heard by a jury. Those first few amendments
known as the “Bill of Rights” were penned as a form of insurance. The founders knew how
the power-hungry operate and how inferior leaders degenerate. They knew what had to be
specifically protected in order to preserve the freedom of the people. So any time you look
at those enumerated rights, remember that they were deemed so important to us that they
were written down, even though the very same men that wrote them were against making a
list of our rights! Never forget that the Bill of Rights does not give the rights, it merely
records a few to keep government under control. Our rights come from our creator, and
are not up for vote, suspension, or arbitrary revocation!
It is unfortunate that many “Americans” have become so ignorant and unwise that
they are truly not fit to self-govern. Correcting the problem will take time, and until such
time as a great majority learns of history, philosophy, and civics, and becomes able to lift
themselves up to that higher station, we will continue to need a large measure of civil
law/statute law and outside governance.
There is a saying: “one law for the lion and the bull is tyranny”. Most simply, this
means that it is tyrannical for the law to be so uniform that it treats vastly different creatures
in the very same manner. The urbanized mobs of America do require outside
management, and education before being emboldened to exercise their rights; the true
Women and Men of honor who self-govern require their rights be respected.
There is a reason why lawyers do not go to jail with their clients when losing a case.
The system quietly recognizes the ultimate authority resting in Wo/Man, and so you may
hire counsel, but they are just an advisor, you are the one who bears responsibility in total.
So it is with doctors. They will advise you, and you will do what you wish, and you will reap
all reward or ruin. So it is with lawyers, and doctors, and all other servants at this time of
viral hysteria. Is there anyone who can tell us with certainty that we have not done more
harm than good by shuttering huge swathes of the country? We are ultimately responsible
for what comes from heeding anyone’s advice…
We can allow the civil servants to issue guidelines and orders, so long as we trust
their good intent, and it would be well if a majority abided by them. What we cannot allow,
as Americans, is the growth of a culture of snitching on the neighbors and of compulsory
obedience to the state. If we fight to save lives we fight to save America, because America is
Her people. But America is also Her ideals, and to save the people at the cost of the ideals
is to sever the left arm to save the right. Such would be madness. Like daylight savings time.
I urge you to take the next steps in learning about Common Law, for it is the
origins of our nation, it is what truly sets us apart from the other nations of the earth. Do
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the research, see how few countries on this 21 century globe have the spark of freedom
build into them. “Democracy” is spread far and wide, elections take place the world over,
and the “free market” is open everywhere. It is Common Law that is the rare jewel, and its
theft is in the works…
NationalLibertyAlliance.org
Private-Person.com
Karl Lentz on Craig Lynch’s YouTube channel
MakeDebtsGoAway.org
OathKeepers.org
The works of Cicero, John Locke, Jefferson, and Alexis De Toqueville
Black’s Law dictionary