Het Grootste Geheim - Forum

[Starglider]

There seems to be quite some confusion spreading online about certain legal issues, as a result of the work of some American civil rights activists, and the work of researchers like Jordan Maxwell.

The core issue is the fact that American law is based on maritime law, also called "admiralty law". This is the reason why the American law system offers some unique possibilities for citizens to take back their rights, besides the fact that it is rich in specific ancient symbolism (as is the case for any law system).

But this only applies for the American laws. It does NOT apply for any European country, including England, as far as concerns the laws for civilians.

Here are some selected quotes that should clarify things, and seperate fact from fiction and confusion... Click the links for full articles and (much) more info.

SG


zie ook: Maritiem en territoriaal recht: komplot vd grote verwarring

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* http://en.wikipedia.org/wiki/Civil_law_(legal_system)

Civil law or continental law is the predominant system of law in the world.

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Civil law has its roots in Roman law, Canon law and the Enlightenment.

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The civil law system is based on Roman law, especially the Corpus Juris Civilis of Emperor Justinian, as later developed by medieval legal scholars.


* http://www.law.cornell.edu/wex/index.php/Admiralty

Admiralty law or maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics associated with this field in legal reference works may include: shipping; navigation; waters; commerce; seamen; towage; wharves, piers, and docks; insurance; maritime liens; canals; and recreation. Piracy (ship hijacking) is also an aspect of admiralty.


* http://en.wikipedia.org/wiki/Admiralty_law

Admiralty Courts were a prominent feature in causing the American Revolution. For example, the phrase in the Declaration of Independence “For depriving us in many cases, of the benefits of Trial by Jury” refers to the practice of Parliament giving the Admiralty Courts jurisdiction to enforce The Stamp Act in the American Colonies.

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Admiralty law became part of the law of the United States as it was gradually introduced through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers in their private lives. [..].

In 1787 Thomas Jefferson, who was then ambassador to France, wrote to James Madison proposing that the U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land [as opposed the law of admiralty] and not by the laws of Nations [i.e. not by the law of admiralty]." The result was the Sixth Amendment to the U.S. Constitution.


* http://en.wikipedia.org/wiki/Common_law

In common law legal systems, judges have the authority and duty to decide what the law is when there is no other authoritative statement of the law. Once an appellate court has decided what the law is, that precedent tends to bind future decisions of the same appellate court, and binds all lower courts reviewed by that appellate court, when the facts of the case are similar, until there is another authoritative statement of the law (e.g. by a legislature or higher court).

The common law forms a major part of the legal systems of those countries of the world with a history as territories or colonies of the British Empire (with the exception of Malta, Scotland and Quebec). It is notable for its inclusion of extensive non-statutory law reflecting precedent (stare decisis) derived from centuries of judgments by working jurists.


* http://en.wikipedia.org/wiki/Civil_law

Civil law (legal system), a system of law based on the Corpus Juris Civilis prevalent in continental Europe, Central and South America, South Africa, Scotland, Québec and Louisiana. In this sense the term is opposed to common law. Japan modernised its legal system by adopting the civil law model in the nineteenth century.


* http://en.wikipedia.org/wiki/Corpus_Juris_Civilis

The Corpus Juris Civilis (Body of Civil Law) is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. [also see the references to the "Empire of the East and the West" in this topic!]

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Justinian gave orders to collect legal materials of various kinds into several new codes which became the basis of the revival of Roman law in the Middle Ages. This revived Roman law, in turn, became the foundation of law in all civil law jurisdictions. The provisions of the Corpus Juris Civilis also influenced the Canon Law of the church since it was said that ecclesia vivit lege romana — the church lives under Roman law.


* http://en.wikipedia.org/wiki/Napoleonic_Code

The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established under Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force on March 21, 1804.
Even though the Napoleonic code was not the first legal code to be established in a European country with a civil legal system — it was preceded by the Codex Maximilianeus bavaricus civilis (Bavaria, 1756), the Allgemeines Landrecht (Prussia, 1792) and the West Galician Code, (Galicia, then part of Austria, 1797) — it is considered the first successful codification[citation needed] and strongly influenced the law of many other countries.

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The Napoleonic Code was based on earlier French laws as well as Roman law, and followed Justinian's Corpus Juris Civilis ...


* http://nl.wikipedia.org/wiki/Burgerlijk_Wetboek_%28Nederland%29

Burgerlijk Wetboek (Nederland)

Ontstaan van het BW

Napoleon streefde een eenduidig Frans recht na, dat ten tijde van de Franse overheersing ook in de Nederlanden gold. Dit Burgerlijk Wetboek, ook code civil of Code Napoleon genoemd, bleef in Nederland tot 1838 in gebruik, waarna deze door een Nederlandstalig Burgerlijk Wetboek werd vervangen. In Limburg werd het Nederlandstalig Burgerlijk Wetboek pas op 1 januari 1842 ingevoerd, zie Asser-Scholten (Algemeen Deel) 1974, p. 177.

Sinds 1838 heeft het BW vele wijzigingen ondergaan. De meest ingrijpende vond na de Tweede Wereldoorlog plaats. Men achtte de tijd rijp voor een totale herziening van het BW. De Leidse hoogleraar Eduard Maurits Meijers (1880-1954) werd gevraagd om een geheel nieuw wetboek te ontwerpen. Hij is voortvarend aan de slag gegaan, maar na zijn dood is het wetgevingsproces in de versukkeling geraakt. Om het belang van zijn werk te onderstrepen wordt het BW zoals dat is ontstaan ook aangeduid als nieuw BW, in tegenstelling tot het oud BW, het burgerlijk wetboek zoals we dat kenden voordat Meijers met zijn werk begon.


And finally, as a curiosity:

* http://en.wikipedia.org/wiki/Roman_Dutch_law

Roman Dutch law is a legal system based on Roman law as applied in the Netherlands in the 17th and 18th century. As such, it is a variety of the European continental Civil law or Ius commune. While Roman Dutch law ceased to be applied in the Netherlands themselves already at the beginning of the 19th century, Roman Dutch law is still being applied today by the courts of South Africa and Sri Lanka.

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In the Netherlands, the history of Roman Dutch law ended, when the kingdom of the Netherlands adopted the French Code civil in 1809. However, Roman Dutch law was not replaced by French law in the former Dutch colonies. In this way, Roman Dutch law survived to this day.