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14 November 2017

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Matthew

Fred:

I enjoyed your piece, but Amal Clooney is not a "Palestinian human rights activist." She is a Lebanese Druze.

Matthew

British common law is primarily a result of the Norman Conquest. Before then, British law was based on Anglo-Saxon traditions, which was also after Britain was Christianized. (Alfred the Great....)

Are you familiar with the Venerable Bede?

Fred

Matthew,

Thanks for the clarification. I should make and edit and delete "Palestinian" from the caption.

Fred

TTG,

yes, the Media Narrative is that left leaning Hollywood is not a cess pit of moral decay. Why just yesterday CNN reported that there are a couple of abusers in the legislative branch: "... Rep. Jackie Speier, D-California, did not name either member, but noted that one is a Democrat and the other, a Republican."

So rather than exposing thier conduct to the light of day we have a McCarthyesque moment where the press can proudly go to every male member of the Legislative branch and ask, "Are you now or have you ever sexually harrassed a woman". Don't look at the hundereds of Democratic contributors and enablers who the press has showcased as beings of moral courage with the right stuff to serve as examles of correct conduct whose politics are the correct politics.

rjj

Are you mixing up customary law with common law? Thought in the early days of the evolution of states common law was based on the precedents of cases tried by LOCAL customary law.

The Salic Law was not devisêd for the realm of France.

What say the SST legal people?

james

true.. why run, when you can buy politicians with money??

paul

Re: English Common law

a bit of nuance in to the debate, there is a huge difference between "creating" and "codifying" codifying the common law implies its pre existence, no king or any central power could create common law because that is not the definition of common law, the only thing kings and rulers could do was codify existing common law.


RE: the 10 commandments and american law

yes ask any american and they will tell you that the fondation of our society lies in

not making any imagages of anything alive.

and not coveting your neighbors goods.

also remembering god took the jews out of egypt

JohnB

PA

I may be biased as Roman Catholic but Calvinist & Calvinist-leaning Protestants banned dancing, gambling, drinking, colourful clothing, and sports. Oliver Cromwell even banned Christmas festivities.

If a Wahabbi was to be transported back in time to 16th Century Zurich or 17th century Salem he would have found just one thing objectionable the presence of unveiled womem.

The Christian Evangelical Right have much in common with the the Wahabbi.


rjj

oh shit. Almost always add the stop format code first. Sorry, fred.

it's here http://turcopolier.typepad.com/sic_semper_tyrannis/2017/11/the-swamp-strikes-back-the-medias-operation-blue-crush-in-the-campaign-to-control-the-narrative-an-a.html#comment-6a00d8341c72e153ef01bb09d7601f970d

Bobo

The light is shining and an act of redemption is in the cards. Rush says the man was a Democrat when he was chasing those young ladies but while seeing that light turned his life around and joined the Republican Party washing out all those impure thoughts typical of the Democratic Party stereotype. Well the election is a few weeks out so the MSM can continue running through all the trailer parks of Alabama to find a few more stories but Roy will climb the mountain and ask for Redemption from those good voters of Alabama and he will win as long as the MSM don't find a boy.

Dubhaltach

In reply to Pacifica Advocate 15 November 2017 at 09:12 AM

Try to get your facts right Common Law was the development of a law common to the people of England, controlled by the Royal courts. It specifically replaced the previous Saxon system of a patchwork of local jurisdictions.


"it was formulated entirely on the basis of the prior habits of the various tribes of Angles, Saxons, Jutes, Celts, Romans, Vikings"

No it wasn't It was formulated to replace and override customary law . It was the mechanism that replaced and overrode the uncentralised Anglo-Saxon law where as well as the Court of the King, witenagamot, each county would separately rule in disputes, in their own courts, according to their local customary law, through the Shire and Hundred Courts. Typically this would involved issuing a writ of quo warranto which would be met with a pleading of ancient usage which pleading would be disallowed. The Church courts didn't come into it.

Try to get your (very basic) facts and legal history straight.


"You shouldn't bring a pillow to a gun fight."

As before, I needed neither a pillow nor a gun to correct your incorrect assertions. Just the facts.

Stephanie

The notion that Hollywood was free of the sexual harassment and exploitation of women and girls before the sexual revolution of the Sixties is an amusing one.

Fred

Bobo,

"The light is shining and an act of redemption is in the cards."

You mean all those supporters on the Left are going to give up all the money they made by enabling Harvey and denying opportunities to all who brought forward the truth of his conduct? All those elected officials, appointed officials, university employees, etc, are going to resign as an act of redemption? This is Hollywood's Waterloo and they hope the Old Guard can slow down the charge of the uncivilized hordes long enough to escape to fight again.

Babak Makkinejad

Yes, but at that time Hollywood had "Stars" and not tramps with stamps...

Babak Makkinejad

"Christianity was always central." very good - so we can admit to the centrality of religion. From this we could move forward based on the Rumi's adage: "Jesus to his religion, Moses to his."

William Fitzgerald

David,

Thank you for clarifying the issue. I've been of the opinion that the common law had its genesis in Anglo-Saxon England since I began considering such things. The Normans contribution to the development our laws seems to have been in the area of administration and codification. Can we not thank (or blame) both Saxons and Normans for the result.

Do you have an opinion concerning the effect of the shire reeve (sheriff) as an officer of the king on the development of feudalism in England? (Particularly in comparison to France and the Holy Roman Empire).

WPFIII

Bobo

Roy is gonna cry, scream and beg for forgiveness while Harvey is gonna do some hard time as his sin does not allow for Redemption from that crowd as they need a martyr and old Harvey fits the bill. It's just life and how it works. Some live above the ground and some below the ground.

Twit

" what we now know as Britain is all part of the Common Law system."

Not really. Scotland had its own distinct legal system, which is only very partially based on common law.
https://en.wikipedia.org/wiki/Scots_law

Mark Logan

Bandit,

It believe a whorehouse is a better metaphor, and it doesn't exclude sewers..to which whorehouses have been compared. The Augustinian perspective on the subject:

https://books.google.com/books?id=HrikDAAAQBAJ&pg=PA39&lpg=PA39&dq=sewers+and+prostitution&source=bl&ots=UJJuUtvXYm&sig=-wvQvlfbrkIdGQRpDDnCOOWb5kk&hl=en&sa=X&ved=0ahUKEwibq6uq2sHXAhVD8WMKHTg-BpAQ6AEIKTAB#v=onepage&q=sewers%20and%20prostitution&f=false

We must bear in mind that our political class also serves a function, and must be graded in context. Some systems require constant maintenance..we tolerate the chore for lack of viable better alternatives.


Fred: I had thought Trump labeled the revolving door between public service and the investment sector of our economy as the Swamp. Are you sure he was referring to Democrats?

Fred

Bobo,

2 down and 9,998 renew their loyalty oaths to feminism, LGBT and the cause of identity politics.

English Outsider


Babak - "Christianity was always central" is what you find significant in David Habakkuk's summary.

The difficulty is that any religion contains in it much that is universal. We can therefore look either to pre-Christian cultural norms in Europe, or to Christian precepts, as the foundation of what we are now. It comes to much the same because of that essential universality of religious precepts.

This is particularly the case with Christianity because Christ and those who developed his doctrines laid down few specific modes of conduct. The Jew or the Muslim can if he wishes organise his life around what he finds or chooses to find in his sacred writings. The Christian cannot, though some might try to a limited extent. Disentangling what we Europeans owe to Christianity and what we owe to pre-Christian culture or its later development is therefore a matter of opinion.

My opinion is that the coming of Christianity in Northern Europe changed for good the way we think about and the way we talk about our public and private norms of conduct. Put simply, for a thousand to fifteen hundred years, depending what part of Northern Europe you're talking about, there was no language to use for that other than than the language of Christian theology. But those norms themselves? They were scarcely touched by the new religion and nor was their development.

An eighth century land dispute in England would not have been settled by reference to the Bible or to anything derived from Christian precepts. It would have been settled by customary or traditional law dating back to pre-Christian times, or by reference to the king-made laws that were beginning to circulate that we may assume to have been digests or modifications of customary law. After that time, working out what in the development of law is due to the development of customary law and what is due to Christian precepts is again a matter of opinion. Mine again is that the forms and the terms may have changed but the underlying drive to the development was not a result of the application of specifically Christian precepts.

So what I am saying is that we narrow things down too much when we talk of the "centrality of religion" in the development of Northern European cultural norms. Because Christianity does not seek to prescribe cultural norms we don't know how much of what we are is due to religion and how much due to natural development. It is purely a matter of opinion. Therefore it is safer to substitute for the term "centrality of religion" the term "centrality of culture" and leave open to argument how much of that culture is due to specifically Christian teaching.

optimax

Politics has become a Morality Play with the left, right and with crazy running through both, each side trying to prove its goodness and the other sides degeneracy. The issues aren't even mentioned in the press, whether Alabama, POTUS or Congress. I'm glad to see sexual predators busted and humiliated (though humility is not part of their character.) Nobody mentions Bouncee, Madonna, Miley and the other female role models to young girls that they teach their fans to be sluts. Personally, I have no grudge against sluts but think some behavour belongs in a strip club, or my living room, and not on a stage in front impressionable teens.

I'm glad Roy Moore had to take down the 10 Commandments. The Supreme Court Building only lists the more secular final six commandments. Since I do not believe in the Hebrew god, I do not want to enter a courtroom worried I will be judged a heretic.

Ishmael Zechariah

Fred,
re: " feminism, LGBT and the cause of identity politics"
Looking from here, I think these folks have truly lost their minds
http://www.berkeleyside.com/2017/11/13/uc-berkeley-student-told-friend-fatal-stabbing-time-now/
What is wrong with these people?
Ishmael Zechariah

LeaNder

Operation "Blue Crush". It is the making of a sinister Democratic network trying to shorten the emperor's reign. In this case preventing the election of Moore.

Ok, this needed editing anyway. Yes, I did take a look at the first two paragraphs. Finished reading it now.

How should I best amend the above passage?

And what else was wrong about my, admittedly ironica, attempt at reading your contribution or trying to not to get distracted inside the storm (it felt) of words and images.


turcopolier

LeaNder

Trump supported Strange, not Moore. pl

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