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Old 04-28-2008, 06:52 PM
Jerry Pitts Jerry Pitts is offline
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Join Date: Oct 2004
Posts: 1,134
Rather going into yet another long discussion of the varying thoughts that are conceivable on the subject(s) you brought up, and neither agreeing 100% or attempting rebuttal at that same 100% level; let me say this. You are right... public law and general law are not the same as common law.

The term 'common law' from my cognizance of the term, does not mean 'case law' nor does it mean 'judge-made-law'. "Case Law" and "judge made law" (which is based on the prior decisions of cases preceding the instant case) removes the ability of the instant case to be tried upon its' own 'merits'. No Two cases are so identical that they should be weighed out by the standards established in another case or a hundred other cases. Are any two murders identical? How about any two bank robberies?

There is only one pragmatic absolute in life, and that is "we will all live until we die; anything in between is completely nebulous." Thus no two cases are alike and the merits of one are more than likely going to be distinctly different from that of another. The 'goodness' of one mortal cannot be the measure that diminishes the goodness of another mortal.

Common Law as practiced today is a perversion.

Jerry Carlos
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Summa Ratio est quae pro Religione facit.
If ever the laws of God and man are at variance, the former are to be obeyed in derogation of the latter.

'Many are the plans in a man's heart,
but it's the Lord's purpose that prevails."
Proverbs 19:21.

"The most important office in a democracy is the office of citizen."
Louis Brandeis, U.S. Supreme Court Justice (1916-1939) referring to the responsibility of voters.
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