Friday, January 9, 2009

Indicia of Unlawful Church Origin of Common Law

And, thus a violation of the Establishment Clause.

1) Latin phrases (e.g. mens rea, actus reus, bone fide, causa mortis, certiori, corpus delecti, de facto, de jure, de minimus, de novo, dicta, en banc, ex parte, ex relatione, forum non conveniens, habeus corpus, in camera, in forma pauperis, infra, in loco parentis, in pari delecto, in pari materia, in personam, in rem, inter vivos, ipso facto, jus, lex loci, malum in se, malum prohibitum, mandamus, modus operandi, nexus, nisi prius, per curiam, per se, per stirpes, primae facie, pro se, pro tanto, quantum meruit, quasi, quid pro quo, res gestae, res ipsa loquitur, res judicata, respondit superior, stare decisis, ultra vires).

2) Judge's high bench. This is St. Dominic Presiding at an Auto a Fe, from a 1490 painting by Pedro Berruguette. Aside from the high bench, one notes the 7 "justices, and one chief justice," to confer the appearance of consensus and accepted virtue on the hateful decisions.

3) Court building and courtroom architecture resembling a church.

4) Gavel.

5) Judges' robes.

6) Stentorian, pretentious, self-important tones of the judge, to scare the peasants. Most judges are has been politicians who lost an election or lawyers failed in private practice. Most are buffoons.

7) Rising of assembly upon entrance of judge.

8) Oaths.

9) Supernatural core doctrines, including, mind reading (intent), future forecasting (foreseeability), truth detection by the use of gut feelings (of juries), dependence on a fictional character for standard of conduct (allowing judge self-interest and judge bias to set conduct for all). The biggest violation is any use of the word, reasonable, which means, in accordance with the New Testament.

10) Inquisition like business plan. The Inquisition did go after heretics, Jews, Moslems. Most had assets that were seized and given to the Church. There was an intense conflict of interest in the Inquisition and in lawyer torts.

11) Parsing documents word for word.

12) The formats of the Bar exam and of legal briefs.

13) Sovereign legal immunity which can only be logically justified by the King's speaking with the Word of God, otherwise is impossible. For example, the Prussian Emperor could be sued by his plumber for not paying a bill. The Imperial Attorney would appear to defend the case. Sovereign immunity was invented by the French monks that administered England.

14) The legal analysis of crime. The content of the analysis of crime came from the catechism. In this Wikipedia description of mortal sin in the Catholic Church, one can see great similarities to criminal law analysis. There are "elements." The harm is grave. There is no ignorance of the law in the conscience. There is intent. There are mitigating circumstances, such as insanity.

15) The adversarial system of arriving at a verdict. Disputation was a method of Scholasticism to arrive at a reliable conclusion. The lawyer of the 13th Century picked up that method for their needs.

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