Part 33 – UK: UK in the 1890’s – clear sailing
With the quivering “bravery” of Monty Pythons Brave Sir Robin, we plunge our hands under the ice.
We find the common law, with thousands of historical decisions, every historical United Kingdom law document, the ancient wisdom of Aquinas; the ancient wisdom of Aristotle; the wisdom of the Old Testament; the New Testament.
The wisdom of Cicero; the United Kingdom Bill of Rights of 1689; the English Bill of Rights of 1689.
It could take us decades.
The body of common law is enormous, and most of it has been rendered “redundant” as the common law has continued to be refined over many generations and hundreds of years. Its genius is that it evolves and refines towards perfection.
As I gazed upon the exquisite brilliance of sentences that went on for pages with forensic accuracy of brilliant legal scholars and their brilliant legal minds of days long gone. (Gasp) Punctuated by only one full stop at the end. I am in awe.
No self-indulgent lawyer squabbles about ambiguity in drafting to bleed common folk dry of their wealth in bygone days with skilled draftsmen like that!
Oh! But then, with the distant sound of a victorious horn, we find the Magna Carta of 1215.
Silence.
A moment of due reverence to this much spoken about, but rarely read and less understood invaluable historical treasure.
We struggle to find the words.
Sometimes, “WHOA”, just doesn’t quite fit the occasion.
Then we find, . . . the Magna Carta of 1216;. . . the Magna Carta of 1217; . . . the Magna Carta of 1225;. . . the Magna Carta of 1297.
" Wait a minute ! are these duplicates?" I hear you rightly ask. In a somewhat irritated tone, I might add.
To you I say, as my wise and Dear Friend said to me: Ratione non ira ! Yes, by rationality and not by rage. ( Shout out to my Dear Friend @BlackTurnip for that one! )
To you I say, no photocopiers in the 1200’s Friend!
No they are not duplicates they are entire revisions enacted at different times by different British Kings. The confusion really starts when we find out there is actually a 6th alleged version, which was never issued by a Monarch! Beware the Magna Charter which bears numbered clauses, Friend!
Pre-empting your question I say, “Yes, Friend probably those @*&*ERS, rewriting history. Again!”
Part 34 – UK: UK “lost” their Inalienable Natural Rights
We continue sifting through the common law on this swamped UK iceberg, through just a mere few more, to find The Petition of Right of 1628.
Never heard of it? Few have. Magna Carta sounds so much more gallant!
It wouldn’t have the same ring if we just called it the “Great Charter”, methinks.
Then from underneath what looks to be a book covered in red paint. It looks familiar.
“This my Friend, is what the stick was for !”
With all the co-ordination of a drunken galah, we tenuously push the red paint covered book on Legal Positivism Jurisprudence away.
It leaves its nasty red paint over everything it touches.
I can not help but utter “Nasty diabolical thing” as it slithers across the ice, like a snake meandering.
Yet beneath we are well rewarded.
We find a very tattered and sad looking old friend, it is a book containing the Natural Law Jurisprudence.
It is entirely smothered by horrid red paint that has seeped inside its pages.
Yet, there is has been sitting underneath and almost destroyed by the horrid red paint covered book that has damaged it, almost beyond repair.
“There it is, the Natural Law Jurisprudence !” I hear you exclaim with excitement.
"Just like our Australian Constitution was drafted upon!" I hear you exclaim.
“Stop jumping up and down my excited Friend!”
This iceberg not only doesn’t have a tip to hold onto, this iceberg is sinking and melting. It could turn us into two bottles of frozen beer, rendered useless flat and nearly as sad at any moment ! This UK iceberg is not only swamped, it is entirely destabilised !
For a moment we eye each other looking like a couple of people trying to ride a surfboard. . . for the first time. . . .in a 3 foot swell. . . blindly holding our arms out like the stabilizers on a trawler.
Do we topple? Where do we look for security?
We both instinctively look to our Australian Iceberg, stable proud and despite the attacks, still firmly floating on a solid enormous frozen base of Natural Law Jurisprudence.
Over on our Australian iceberg, we have the same case law as on the UK iceberg up until 1901, but without the nasty red stain of Legal Positivism it seems.
“Thank GOD we are Australians, my Dear Friend.”
Can I get an “Amen” to that my Friend, as we move to part 35 ?
