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Motion Before This Court to Change One Sentence

Comes Now; one "Charles Bruce, Stewart"; of "Sandy Oregon"; who here-by makes Motion before this Court, to Change One Sentence in the Text of the Main "Common-Law" Article, which is directly linked to this talk page. Note please that it is this author's humble opinion that almost this entire article needs to be substantially re-worded, from an entirely different and Less Imperial-Roman, Top-Down Authoritarian, & Confusion-generating (Anarchist?) point of view. But this seems a good place to start.

That single sentence which is here-by motioned to be changed, is presently placed as the first sentence of the first paragraph in an early section entitled "History of the common law"; and that first sentence presently reads as follows: :

"Common law originally developed under the adversarial system in England from judicial decisions that were based in tradition, custom, and precedent."

That sentence is here-by motioned to be changed to read as follows:

"Common law originally developed under the inquisitorial system in England from judicial decisions that were based in tradition, custom, and precedent."

In support of this motioned change, i submit the following reputable citation;

Civil Procedure; West Publishing Company, Friedenthal, Kane & Miller, West Hornbook Series on Civil Procedure, 1985: Chapter 11, Jury Trial; 11.2 The Judge Jury Relationship; Pages 474 & 475:

"To understand the jury’s role better, it is useful to examine briefly the evolution of the jury since its inception in England in the eleventh century. Originally Jurors were chosen on the basis of their fitness as witnesses. They typically were selected from the neighborhood in which the facts in issue occurred, the presumption being that they would have the best possible background for evaluating the evidence in light of their own experiences in the locale. The jurors were expected to inform each other on the issues relying on their personal knowledge of the events and to consult any other reliable sources including direct communication with the parties. They were entitled to decide the case on the basis of their own knowledge, even when this contradicted the testimony.

Over time the inquisitorial nature of the juries role changed ... the jury became increasingly dependent on the materials presented to them at trial and the responsibility for providing this information shifted to the parties themselves. This foreshadowed the establishment of the now familiar adversarial system, which is based on the philosophy that the fairest and most efficient process for arriving at justice is the evaluation by the jury of testimony presented by both parties in open court."

Because Misplaced Pages requires good-faith efforts at achieving "Consensus" on all articles that appear in this forum; this moving party here-by respectfully demands that all participants in this forum/court make timely objections to this motioned proposed change, along with their reasoning "Why" they are so objecting; or else refrain from making any dishonorable sneak-attack vandalizing changes, after i claim "Justification" for making this change.

I welcome all constructive criticism. It seems Misplaced Pages rules presently prohibit my publishing of my email address or phone-number; but my Misplaced Pages user-talk page is available, & upon personal request i will make that more direct contact data available to members of this forum/court who seem to be of minimally honorable character.

And of course, feedback in this commonlaw-talk forum is not only welcome, it is actively sought.

Glory to God.

Charles Bruce, Stewart. Charles8854 11:25, 14 October 2006 (UTC)

++++

It appearing before this court that there are no objections from the members of this court to the above suggested change to the main common-law text related to this web-page, i have taken the liberty of completing the above motioned change.

I am contemplating making further changes to that text, in the same general direction and focus as the above recently-completed change. Similar to this change, i will post suggested changes prior to inserting them in the main common-law page, so that the members of this court will have ample opportunity to object to those suggested changes, &/or to share constructive-criticism in the final versions.

Any members of this court who actually know something of substance about true common-law, are respectfully asked to step forward and make their level of expertise known, in a timely manner.

Charles8854 17:44, 17 October 2006 (UTC)

Motion to Add Paragraph Placing Foundation of Common-Law in Pre-Norman-Conquest Times

Comes Now; one "Charles Bruce, Stewart"; of "Sandy Oregon"; who here-by makes Motion before this Court, to Add One Paragraph to the Text of the Main "Common-Law" Article, which is directly linked to this talk-page, and directly under the header entitled "History of the common law". The paragraph text sought to be inserted reads as follows:

"To discover the true history of "Common-Law", one must reach back beyond "Legal Memory", to before the "Norman Conquest" of England in 1066 ad. Even "Magna Charta", of 1215 ad, only gives glimpses of the true grandeur of this previously existing system of de-centralized responsible self-governing. That "Norman Conquest" completed a Military "Hostile Take-Over" of the previously existing communities of basically free people; and in its place was supplanted an authoritarian, coercive, top-down-hierarchy form of government. The people who executed this "Hostile Take-Over" brought in to England with them many court-room procedures which had been practiced for many years as "Civil Law", as exclusively practiced with-in the realm of the Roman Empire. Those "Civil Laws" were designed to control people in top-down authoritarian fashion. Yet the Anglo/Saxon & Celtic peoples who had previously self-governed in England, were constantly revolting against this new form of despotism. And so, in efforts to maintain control over their new empire; the new Norman/Roman form of government threw many concessions to the conquered peoples, in efforts to placate them. This resulted in a Hybridized and Adulterated form of the previously-existing and true "Common-Law"; and it is that adulterated version of Common-Law which is modernly propagandized to be our true Anglo/American "Common-Law".

+++ Note please, again, that it is this author's humble opinion that almost this entire "Common-Law" article needs to be substantially re-worded, from an entirely different and Less Imperial-Roman, Top-Down Authoritarian, & Confusion-generating (Anarchist?) point of view. Please note also that I have made a past similar motion to change one sentence of this common-law article in that direction, by switching a critical word from "adversarial" to "inquisitorial". That motion and change seems to have obtained consensus, as there has been no objection on this common-law talk-page to my implementing that change; and on the main common-law article page, there has been no effort to remove my inserted change to that effect.

It would be nice if some of the other members of this court would discuss these matters with me, but so long as silence and non-obstruction seems to be their modus-operandi, i will continue in this manner, cautiously, announcing my intended changes, and then, if there are no timely objections, implementing them.

I welcome all constructive criticism. My Misplaced Pages user-talk page is available, & upon personal request i will make that more direct phone & email contact data available to members of this forum/court who seem to be of minimally honorable character.

Feedback in this commonlaw-talk forum is not only welcome, it is actively sought.

I work not for myself here. I work to provide knowledge which is necessary for the better governing of the common people; and of course, the Glory belongs to God.

Charles Bruce, Stewart. Charles8854 14:54, 24 October 2006 (UTC)