Therefore, here are a few samples:
Statutes are not law:
#1 (permalink) 05-19-2009, 02:58 PM
Statutes are not law!!
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Source: Annals of the American Academy of ... - Google Book Search
Quote:
The Austinian theory of law as the command of the sovereign is rejected. The author knows no sovereign. The state is a useful personified abstraction invented to give title to the acts of the ruling persons who are the actual sources of authority. It is, however, needless to invent another abstraction to which to attribute a fictitious command. Law first arises when the judicial authority of a political community lays down a rule in deciding controversies. On any given point there is no law until the court declares it. Custom is not law, because custom is practice, and law is opinion. Statutes are not law, for they are not self-interpreting. "Their meaning is declared in courts, and it is with that meaning as declared by the courts and with no other meaning that they are imposed upon the community as law". A judicial decision is at the same time a law and an important though not controlling source of other laws. Though in fact a court is free to make a law for each particular case as it sees fit, custom, legislation, precedent and the opinion of experts are given legal recognition by the courts as sources of future decisions. Each rule declared by the court is a law. The law is the body of rules so declared. Yet how this congeries of particulars become fused into a conceptual unity is not made manifest.
=D
The Nature and Sources of the Law - Google Book Search
Have fun !
netwrkranger
Re: Statutes are not law!!
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It seems authority rests in a person or corpus of persons and not a document......
netwrkranger
05-19-2009, 03:53 PM
nydeemarie
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Re: Statutes are not law!!
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Thank you Networkranger...
so the Rules that pertain to Judges must be obeyed as Law???? Binding and such??
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Last edited by nydeemarie; 05-19-2009 at 04:01 PM.
nydeemarie
netwrkranger
Supreme Club Member
Re: Statutes are not law!!
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Quote:
Originally Posted by nydeemarie
Thank you Networkranger...
so the Rules that pertain to Judges must be obeyed as Law???? Binding and such??
If those rules are statutes and those statutes have been ruled upon by a judiciary .....
... they have the force of law .
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Re: Statutes are not law!!
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Network Ranger
Quote:
Originally Posted by netwrkranger
If those rules are statutes and those statutes have been ruled upon by a judiciary .....
... they have the force of law .
LOL you beat me to it.. My internet is cranky today... grrrr..
it may take me 4 tries to post..
so it is the Opinion... that has the FORCE... I thought so.....
lucky I had one...
otherwise I wouldn't have known that the Judge remained disqualifed...
...VOID...
but Judges do not obey the law..
so people imagine that they can pass a Law requiring Judges to obey the Law
if they didn't respect and honor the first, what would they respect and honor the last??
nydeemarie
slofu
Re: Statutes are not law!!
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Get the judge to admit on record his/her oath to uphold the State/Fed Constitution(s), and on record accept his/her oath. You now have a binding contract with him/her which, if broken, will annul his/her authority over your case should you note and object to the breach on record. The law won't serve those who don't claim by it their rights.
slofu
05-19-2009, 05:26 PM
I post this without comment, but welcome your comments.