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The Nature and Practice of the Common Law and Civil Law A Brief Summary by Kevin D.

Annett, taken from a Forthcoming Common Law Manual by the Law Commission of ITCCS Two distinctly separate philosophies and systems of law co-exist in European-derived cultures: Common Law and Civil Law. Common Law is a customary system arising from tribal societies, based upon the Natural Law understanding that every man and woman is born free, equal and not subordinated to others, and is possessed of unalienable liberties that no law can diminish or abolish. This system states that Natural or divine law does no person harm (Actus Dei nemini facit injuriam) and rather exists to maintain peace, equity and justice between men and women in a community. It is based on judicial precedent rather than governmental statutes, but derives its power and authority not from a judiciary but from a jury system of twelve freely chosen equals of an accused. Common Law arose most clearly in England in response to the Norman Conquest, whereby Saxon communities asserted their freedoms and the rights of people as a counterweight to the foreign imposition of kingly and papal rule. The Common Law competed with elite rule, based on Civil or Roman (statute) Law, and the two evolved as a dual system of law in Anglo-Saxon countries. The Civil Law is a system arising from the rule of elites, and the belief that all law and authority is derived from statutes devised and imposed by a ruler, whether a pope, a monarch or a government. It emerged from notions of Aristotelian philosophy (so-called "Natural" states of inequality) and Roman property law, in which human beings were seen as chattels or slaves of others, devoid of inherent liberties, and whose rights were defined and limited through statutes by rulers. From this Roman law emerged Papal or Canon Law, perhaps the ultimate expression of such elite rule, which defined the Roman catholic church hierarchy and specifically the Pope as the only legitimate law on earth to which all other laws and governments were subordinate. Canon law is self-governing and completely unaccountable to anything but itself, and is a form of neo-pagan idolatry that is unalterably opposed to human liberty and selfrule. It asserts itself absolutely over all church members and every human being and authority, according to a fraudulent document known as the Donation of Constantine that claimed to perpetuate the Roman Empire through the papacy. Common Law and Civil Law are utterly opposed systems and notions of law and justice that cannot be reconciled. Accordingly, governments everywhere operate in practice according to Civil (statute) law and minimize or ignore Common Law

altogether, or confine and restrict its application within the practices of judgedominated courts.

Note: Also, the French Napoleanic Code and the Civil Law of Quebec in Canada, and everywhere in the French speaking world, is based upon a statutory notion of law derived from Roman-Canon law. Despite this, Common Law is a customary right of all people derived from their state as freeborn men and women imbued with the same creation. -See the evidence of Genocide in Canada and other crimes against the innocent at and at the website of The International Tribunal into Crimes of Church and State at . An International, multi-lingual ITCCS site can be found at: And access the independent ITCCS video archive at: Messages for Kevin Annett can be left at 250-591-4573 (Canada). A people can value nothing greater than their own freedom and dignity, and must defend these with their last drop of blood. There is no duty as sacred and no higher law. The pernicious belief that one can secure these without conflict and by avoiding danger is both false and poisonous. Danger can only be met with virile courage joined with a calm and firm resolve and a clear conscience. These virtues alone form the true leaders of a people and bring into being the martial forces that can win the deepest and cherished dreams of humanity. - Karl von Clausewitz, 1831 "The great only appear great because we are on our knees. Let us rise!" - Camille DesMoulins, French revolutionary, 1790 "I gave Kevin Annett his Indian name, Eagle Strong Voice, in 2004 when I adopted him into our Anishinabe Nation. He carries that name proudly because he is doing the job he was sent to do, to tell his people of their wrongs. He speaks strongly and with truth. He speaks for our stolen and murdered children. I ask everyone to listen to him and welcome him." Chief Louis Daniels - Whispers Wind Elder, Crane Clan, Anishinabe Nation, Winnipeg, Manitoba