2300 - 2399
Laws of countries are of three kinds, namely statute law, common law, and the law of equity. Statute law derives from enactments of the legislature or edicts of authority; common law derives from court rulings and social precedents; and the law of equity derives from a moral conception of what is right and just.
For laws to be effective, they must be:
- (a) Properly designed, well draughted and unambiguous.
- (b) Administered fairly and impartially by officers of the courts, police and prisons.
- (c) Administered efficiently, and the legal system must operate smoothly and free of back-logs and lengthy delays.
- (d) Supported by adequate funding, staffing and facilities.
In countries where laws are ineffective, social order deteriorates. When social order starts to deteriorate, the downward trend quickens and it becomes extremely difficult to restore order to old levels.
Judgements of international courts of justice are only enforceable when recognised by the governments of the countries concerned: Such judgements are largely ineffective.
Where national boundaries are set by edict of major powers or international authorities or by peace conventions, they are usually treated as static and unalterable. However, populations change constantly, across a wide spectrum of variables, and socio-political pressures ensue which indicate the need to adjust old boundaries.
Where ethnic or other factors indicate a need to alter national boundaries, and such need is ignored, socio-political strife is likely to develop and to escalate.
The dictum 'might is right' tends to be the pragmatic rule in respect of national boundaries. Alteration of such boundaries is usually achieved only by force majeure.
There is no effective international authority to which minority groups can appeal effectively for the redress of wrongs. For instance, there is no way that the Kurdish peoples can gain justice by legal means.
The United Nations is dominated by the major powers and tends to act in their interests.
It is an accepted rule that the United Nations will not interfere in the internal affairs of any of its member states, even when there are obvious abuses of human rights.
The United Nations is hampered also by shortage of funds; lack of consensus (re courses of action and priorities); inertia and bureaucratic incompetence.
With each successive year, the United Nations will be confronted with greater challenges and burdens ... and will fail, by an increasing margin, to handle all its tasks effectively.
From 1992 onwards, the European Community will proceed to disintegrate, by reason of increasing social entropy and by reason of the following more specific factors:
- (a) The huge Brussels bureaucracy is too costly a burden and too unwieldy.
- (b) The EC mainly benefits the lame-dogs of Europe: Countries such as Germany, France and UK can do better on their own.
- (c) The exchange rate mechanism is seen as a liability.
- (d) Some European leaders are perceived as being too authoritarian.
- (e) Loss of national sovereignty is becoming more unacceptable.
- (f) Some Maastricht requirements are seen as being too stringent.
- (g) Uncertainty concerning the 'poor cousins' of eastern Europe and the burden of helping them ... and the refugee problem.
- (h) The future outlook, generally, indicates a need for more national flexibility, not less.
The average person's creed is the creed of common sense. 'Laissez-faire', 'communism', 'unionism', 'conservatism'. 'liberalism', 'fascism' and all the other abstract creeds are like fashions and fads which come and go ... but the unfailing and everlasting creed of the common man is common sense.
'Peoples democracy' is in effect when the government governs according to the will of the people, week by week and day by day. 'Authoritarian democracy' is in effect when the government, after its election, governs according to its own will, rather than according to the will of the people. The first is predicated upon the proposition that the will of the people is always paramount: The second is predicated upon the proposition that the government knows better than the people what is in the peoples' best interests.
In the same way in which anything is constituted, it may be destroyed.
The express mention of one person or thing is the exclusion of another.
What is expressed makes what is silent to cease.
The condition of the defendant is to be favoured rather than that of the plaintiff.
Happy is he who can apprehend the causes of things.
It is the same not to exist as not to appear.
In cases of extreme necessity, everything is in common.
In customs, not only the length of time but the strength of the reason should be considered.
The indefinite equals the universal.
In law, every definition is dangerous.
In everything, but especially in law, equity is to be regarded.
In everything is born that which destroys the thing itself.
In the presence of the greater, the power of the inferior ceases.
No one is compelled to accuse himself, except before God.
Equity is a sort of perfect reason which interprets and amends written law ... and it comprehends no code, and it is consistent with reason alone.
Intention is the soul of a legal instrument.
An argument from authority is most powerful in law.
An argument from the greater to the lesser is of no force negatively; affirmatively it is.
A good judge prefers equity to strict law.
At law, a delegated power cannot be delegated. In management, a delegate may delegate his duties but not his responsibilities.
Law is the dictate of reason.
The law of necessity is the (only) law for the time that is, for the instant.
The law is most worthy of approval when it is consonant to reason.
The law rejects superfluous, contradictory, and incongruous things.
In the eyes of the law, liberty is an inestimable thing.
Allegiance is the bond of fealty, which is the essence of law.
Natural allegiance is restrained by no barriers, reined by no bounds, stopped by no limits.
It is better to go to the fountain-head than to follow the streams.
A manor is called from 'manendo', according to its excellence, a seat, great, fixed, and firm.
The people is the greatest master of error.
He threatens the innocent who spares the guilty.
Obedience to law becomes a hardship when the law is unsettled or doubtful.
Many things are obliquely conceded which are not conceded directly.
A multitude of masters destroys their dominion.
No one can rightly understand any part until he has read the whole again and again.
No man warring for God should be associated with secular business.
No one should be punished for the crime of another.
Nothing is so opposed to consent as force and fear.
Nothing is so agreeable to natural equity as that, by the like means by which anything is bound, it may be loosed.
A man having a power may do less than such power enables him to do.
He is not deceived who knows himself to be deceived.
We cannot reason with a man who denies first principles.
The laws consist not in being read, but in being understood.
The authority of no man ought to prevail with us, so that we should not adopt better things, if another bring them.
An equal has no authority over an equal.
It avails little to know what ought to be done if you do not know how it is to be done.
One eye-witness is better than ten ear-witnesses.
Of principles there is no rule.
Protection begets subjection, and subjection begets protection.
Those things which are spoken to one end, ought not to be perverted to another.
When anything is prohibited directly, it is also prohibited indirectly.
Where a law is special, but its reason general, the law is to be understood generally.
He who decides anything, one party being unheard, though he decide rightly, does wrong.
He who does anything by another does it by himself.
They who search for reason in all things subvert reason.
He who is silent appears to consent.
Whatever one does in defence of his person, that he is considered to have done legally.
Where you doubt, do nothing.
What is understood is not lacking.
Reason is the soul of law; the reason of law being changed, the law is also changed.
The kingdom is not divisible.
Everyone is the manager and judge of his own affairs.
The value of a thing is estimated according to its worth in money; but the value of money is not estimated by reference to the thing.
The welfare of the people, or of the public, is supreme law.
It is natural that the advantages of anything should follow him to whom the disadvantages follow.
The laws are silent amidst arms.
Simony is the will or desire of buying or selling spiritualities, or things pertaining thereto. Contracts of simony are founded on a bad cause, and they are against morality. Simony is an ecclesiastical word, derived from that Simon Magus who thought to buy the gift of the Holy Ghost with money.
The highest rule is that which advances religion.
That part is bad which accords not with its whole.
Witnesses cannot prove a negative, but an affirmative.
That guardianship is secure which trusts to itself alone.
It is always safer to err in acquitting than in punishing: On the side of mercy, than of strict justice.
That which is useful is not rendered useless by that which is useless.
Though few are punished, the fear of punishment affects all.
Words ought to have some effect; they ought to be interpreted in such a way as to give them some effect.
Words are to be understood according to their effect.
Words ought to be made subservient to the intent, not contrary to it.
Words inferred are to be considered as incorporated.
Subsequent words, added for the purpose of certainty, are to be referred to preceding words which need certainty.
Truth, by whomsoever pronounced, is from God.
Truth fears nothing but concealment.
By too much altercation truth may be lost.
Common opinion is double ... namely, that proceeding from grave and discreet men, which has much truth in it, and that proceeding from foolish and vulgar men, without any semblance of truth in it.
The vigilant, and not the sleepy, are assisted by the laws of society.
It is a bad exposition which corrupts the text.