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The truth will out - Would fraud by any other name smell less foul?

From He's Spartacus, regarding the European Union -

We watched, transfixed, as a thousand years of Common Law was flushed down the drain, as our right to do whatever was not expressly proscribed,  became our duty to do only what is specifically permitted. We fussed and argued about issues like inflation, interest rates, the poll tax and the right to buy, while ignoring the meta-issue, as slowly the state, which had always been our servant, became the super state, our master.

Ret. Magistrate David Rowlands has told us what the imposition of the EU's Corpus Juris could mean. EU law is based on the Napoleonic Code.

Visible and Invisible

In contrast, Common Law was developed by British people over a thousand years so they could settle their differences peacefully and fairly. Its effects are visible and invisible.

Visible - Common Law incorporates the Charter of Liberties (1100), which affirms that no person is above the law. Common Law establishes the presumption of innocence for every person brought to trial, every person's right to a jury trial and the freedom of juries to declare a person innocent. If a jury believes that a person has been charged under an unjust law, it has the right to acquit.

Visible - Common Law is not only for the guilty or innocent but for solving disputes between neighbours, between employees and employers, between those who would oppress and those who would be free. The rights and freedoms gained by the British people are not to be thrown away by an unfair ruling made today because Common Law plainly affirms that judges are to be guided by precedent - the rulings of previous cases. They are not to make up the law. Where there is no precedent, Common Law dictates that decisions must be made according to principles of fairness recognized by Common Law.

Invisible - Because of fair law, the hands of the dishonest are largely stayed - though not always! - and the hands of the honest are strengthened. Small business people can rely on contracts. Employees can rely on being paid. Common Law has contributed to the prosperity of Britain. Taken abroad, Common Law has contributed to the well being of the United States, Canada, Australia and New Zealand. Indeed, Germany today has incorporated many of the fundamental principles of Common Law into its legal system.

But under EU law, the principles of Common Law will be lost.

Milton wrote in Areopagitica -

And though all the winds of doctrine were let loose to play on the earth, so Truth be in the field, we do injuriously by licensing and prohibiting misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?

The European project has been marked by deceit; truth has not been allowed to grapple freely and openly with falsehood. For decades, politicians and government-run media have deceived the British people about the costs, the dangers and the losses of union with an undemocratic superstate.

Would fraud by any other name smell less foul?

But once again - feebly, you may think - we insist that the truth will out.

Thanks to Roger Peacock for introducing us to He's Spartacus.

Comments (3)

jlh:

Brown and company are dreadful, but one thought there was some hope of a reversal. It is dispiriting to see the pusillanimous muddling of the Tories, while Farrage and Hannan are just voices crying in the wilderness.

Does the political class not see that they are about to take second billing in a sinister version of YES, MINISTER!?

Death Bredon:

Egad, this EU thing sounds absolutely dreadful: Law compliments of Napoleon (Wellington must be spinning in his grave); currency compliments of the Duetsch Mark (Sir Winston, ditto); and administration compliments of Brussels!

Thanks for the link. Only just noticed the pingback.

Nice, concise explanation of Common Law.

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