by Dr. Anderson

Created on: May 25, 2007   Last Updated: November 08, 2010

An important point to be made in regard to the system of Common Law, is that rulings are based upon the application of case precedence established not only by judges, but by juries of ones peers. It is not exclusive to rulings issued by judges. As such, and because it is based upon principles of Natural Law, it is a protector of fundamental rights of the individual first and foremost. In a Common Law venue, the fundamental right to be presumed innocent until proven guilty is well established. It is the law of the Common Man and is fundamental to the ability of the Common Man to apply his horse sense (i.e. common sense) and defend himself before a jury of his peers based upon his fundamental Natural Rights.

The statutory system known as Roman or Civil Law is marked by the power and authority of the state over the rights of the individual. Citizens, not Common Men, fall into the realm of civilized society where Civil Law rules. Traffic court where no jury is present and a (non) Judge who is actually a traffic commissioner passes judgement over you for exceeding a speed limit set by legislative representatives at the state capital. It does not matter that the citizen has harmed no property and injured no person. The mere fact that he went 36 in a 35 mile per hour zone is sufficient for him to be presumed guilty unless he can prove to a judge his innocence. The violation of an absolute rule passed by or over the vote of a politician that, in some cases neither you nor a majority of people voted for, is the highlight of this system. The recourse of a jury trial is actually a recourse into the Common Law. Remember, a judge ruling the trial is a Civil Law system trial (whether a criminal trial or a civil suit) whereas a jury of peers is the essence of Common Law as enshrined in State and federal Constitutions stemming from centuries of history dating back to ancient Germanic and Nordic tribal customs.

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