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by Dragomerian Islands » Thu Jan 01, 2015 1:09 am
Ainin wrote:Dragomerian Islands wrote:Actually, the bill would prohibit the government from doing such things unless it is explicitly repealed/amended. Since the bill would prohibit that situation, any bill that would attempt to do such an action without explicitly mentioning a repeal/amendment to this bill would be illegal.
No it wouldn't, because a legislature cannot bind itself under common law except in very rare circumstances (bills of constitutional importance, international law).
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by Dragomerian Islands » Thu Jan 01, 2015 1:25 am
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by Dragomerian Islands » Thu Jan 01, 2015 1:36 am
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by The New World Oceania » Thu Jan 01, 2015 1:51 am
by Dragomerian Islands » Thu Jan 01, 2015 9:49 am
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by Ainin » Thu Jan 01, 2015 10:20 am
by Dragomerian Islands » Thu Jan 01, 2015 10:34 am
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by Ainin » Thu Jan 01, 2015 10:43 am
Dragomerian Islands wrote:Ainin wrote:Maybe you should not give your opinion about something you have absolutely no knowledge about and then proceed to defend it using information you made up entirely as if it were gospel for once.
Once.
Actually, this is a thing that I am extremely knowledgeable on.
A law, by definition, needs to be codified or written in a binding fashion, otherwise it is not legally binding.
As per customs: Customs are not uniform. Different people follow different customs and social norms.
by Dragomerian Islands » Thu Jan 01, 2015 10:57 am
Ainin wrote:Dragomerian Islands wrote:Actually, this is a thing that I am extremely knowledgeable on.
A law, by definition, needs to be codified or written in a binding fashion, otherwise it is not legally binding.
As per customs: Customs are not uniform. Different people follow different customs and social norms.
Where'd you get that from? The Law Facility of the Massachusetts Institute of Bullshit?
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by Maklohi Vai » Thu Jan 01, 2015 11:03 am
Dragomerian Islands wrote:Ainin wrote:Where'd you get that from? The Law Facility of the Massachusetts Institute of Bullshit?
Sources:
1. Reason
2. Definitions of each
3. Having access to a lot of legislative material due to parents careers.
The only case of non-codified laws are precedents set by outcome of a court case.
by Ainin » Thu Jan 01, 2015 11:15 am
Dragomerian Islands wrote:Ainin wrote:Where'd you get that from? The Law Facility of the Massachusetts Institute of Bullshit?
Sources:
1. Reason
2. Definitions of each
3. Having access to a lot of legislative material due to parents careers.
The only case of non-codified laws are precedents set by outcome of a court case.
by Macedonian Grand Empire » Thu Jan 01, 2015 11:17 am
by Argentarino » Thu Jan 01, 2015 11:48 am
by Great Nepal » Thu Jan 01, 2015 11:53 am
Argentarino wrote:Are there any Senators who would like to draw up a same-sex marriage bill with me? Might as well take care of that
by Argentarino » Thu Jan 01, 2015 11:55 am
by Dragomerian Islands » Thu Jan 01, 2015 12:42 pm
Ainin wrote:Dragomerian Islands wrote:Sources:
1. Reason
2. Definitions of each
3. Having access to a lot of legislative material due to parents careers.
The only case of non-codified laws are precedents set by outcome of a court case.
1. Not a source. Also has nothing to do with reason.
2. A law is a rule set by a society enforced through a monopoly on violence. What does that have to do with custom?
3. And I should believe you why, considering you keep lying about these things?
There's plenty of uncodified law. Constitutional convention, custom dating from Age Immemorial, most tort and contract law, many malum in se offences, several countries' basis for existence, etc.
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by The New World Oceania » Thu Jan 01, 2015 12:54 pm
Dragomerian Islands wrote:Ainin wrote:1. Not a source. Also has nothing to do with reason.
2. A law is a rule set by a society enforced through a monopoly on violence. What does that have to do with custom?
3. And I should believe you why, considering you keep lying about these things?
There's plenty of uncodified law. Constitutional convention, custom dating from Age Immemorial, most tort and contract law, many malum in se offences, several countries' basis for existence, etc.
1. Lets say it is customary for a family in X religion to sacrifice their first borne son on an alter. By Common Law, that practice is justified.
-Says reason
2. Definition of Common Law:
"the body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code"
-Webster Dictionary
Definition of Custom:
" a usage or practice common to many or to a particular place or class or habitual with an individual; long-established practice considered as unwritten law"
-Webster Dictionary
3. You are lying on this point by saying that I am lying.
My point is that since Calaverde is new, there is no Precedents or legal customs to have any form of common law.
by Geilinor » Thu Jan 01, 2015 1:17 pm
Dragomerian Islands wrote:Ainin wrote:1. Not a source. Also has nothing to do with reason.
2. A law is a rule set by a society enforced through a monopoly on violence. What does that have to do with custom?
3. And I should believe you why, considering you keep lying about these things?
There's plenty of uncodified law. Constitutional convention, custom dating from Age Immemorial, most tort and contract law, many malum in se offences, several countries' basis for existence, etc.
1. Lets say it is customary for a family in X religion to sacrifice their first borne son on an alter. By Common Law, that practice is justified.
-Says reason
by Dragomerian Islands » Thu Jan 01, 2015 1:37 pm
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by Heraklea- » Thu Jan 01, 2015 2:21 pm
by Dragomerian Islands » Thu Jan 01, 2015 2:25 pm
Heraklea- wrote:Dragomerian Islands wrote:Still applies, because of common law's definition presented just below what you quoted.
Except where legislation has banned it, in which case a family in x religion would have to file suit against the government with some basis to establish an over reach based on constitutional restrictions. If a court rules in favor of the family, then the relevant portions of the legislation are rendered unenforcable by an opinion of the court. That precedent would then stand and future laws banning the same practice could be contested upon the same precedent. That is how common law works. The codification of law is not required, though I personally recommend it as it makes it much easier to reference.
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by Heraklea- » Thu Jan 01, 2015 2:29 pm
Dragomerian Islands wrote:Heraklea- wrote:Except where legislation has banned it, in which case a family in x religion would have to file suit against the government with some basis to establish an over reach based on constitutional restrictions. If a court rules in favor of the family, then the relevant portions of the legislation are rendered unenforcable by an opinion of the court. That precedent would then stand and future laws banning the same practice could be contested upon the same precedent. That is how common law works. The codification of law is not required, though I personally recommend it as it makes it much easier to reference.
That is actually part of my point. I stated that the only form of common law that is enforceable is legal precedents from the court. Customs have no place in law, as they are widely varrying. The point that I was disproving in common law, was the customs part of it. I also in the posts in this discussion did point out that legal precedents are a valid form of common law, but our nation is new so it has none.
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