A brief Introduction
The LAWS of all countries are:
1. a. The body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects. OED.
A. As such these rules MUST be flexible and flow with the alterations of customs, variable and particular circumstance in their application .
B. Principles of Justice (That which is JUST 3. a. Consonant with the principles of moral right or of equity; righteous; equitable; fair. OED) MUST serve TRUTH (and its wholeness) as the highest of all doctrines as distinct from PROOF.
WHY? BECAUSE Absence of evidence is NOT evidence of absence! And TRUTH is NOT possible if it fails to correspond to reality, whereas PROOF may or may not correspond with reality. Proof relies on evidence, that requires resources the poorer cannot afford to obtain, is capable of manipulation by an agenda driven imbalance of
C. ‘suppressio veri’ (Misrepresentation of the truth by concealing facts which ought to be made known. OED) and
D. ’suggestion falsi’. (A misrepresentation of the truth whereby something incorrect is implied to be true; an indirect lie. OED) Using such arts in a court room, is categorically deplorable and unutterably condemnable where detrimental consequences are the flow. I have seen opposing solicitors, in British courts use them, wilfully, and the laws of perjury not invoked, because the issue was deemed to be minor, but this happened to be discrepant with reality and remains for further investigations by a body that is unaccountable to the claimant). That is why
Truth, the Whole truth and Nothing but.', is best, While 'Truth and Nothing but..', leaves out the rest.
Questor'©
Laws designed to protect the wealthy or powerful against the poor or weak are treasons upon the citizen’s of the country or world they are invoked, and where that country suppresses dissent of argument, using the above tools C. &D.
There may be an argument why governing bodies require frequent alteration. The more frequently the better, like in Roman times where Consuls were changed every year, (Specifically to block corruption that sets in as normally it does after this limited period) but unlike their tribunes perhaps should be changed every four years. This comment is NOT a thoroughly prepared argument at this point simply a view against prolonged terms of office spanning excesses of four years. Self crowning, (like Caeser, who paid for it with his life, disregarding these values, or otherwise controlling so as to prolong leadership and consequently self aggrandisement is utterly reprehensible).
Equally in JUST democracies, blocking truth by setting pre-requisites of ‘terms of reference’, frameworks of semantics, or rules ‘excepting’ certain methods of accessing truth, (other than of course torture), is a curb upon the very essence of what a JUST democracy is all about. Rarely if ever is there a person guilty of something, likely to consent to parting with documents resulting in self harm. It should be resisted at the outset to ensure that determinations and legal judgements are not bound by initial conditions that present an inherent obstacle, like a template, imprint or mould through which every attempt at TRUTH is frustrated and denied, like shaping the truth as if it were something to be extruded from a die. The only constraint on TRUTH is that LOGIC and the laws of Thought are the sole governing principles that avoid this outcome.
Free debate and argument is essential to this end and that is why:
Might’s not right, where argument's not treason, Treason's his who's Might, denies good reason. Questor'©
*****Truth and Proof as Shakespeare used the words. *****
With such full licence as both truth and malice Have power to utter. O, then we bring forth weeds
His rudeness so with his authorized youth Did livery falseness in a pride of truth.
Lest I surcease to honour mine own truth, And by my body's action teach my mind A most inherent baseness.
Bid them repair to th' market-place, where I, Even in theirs and in the commons' ears, Will vouch the truth of it.
I rais'd him, and I pawn'd Mine honour for his truth; who being so heighten'd, He watered his new plants with dews of flattery,
I knew of this before; but, to speak truth, This present grief had wip'd it from my mind.
Yea, in truth, my lord. C JUSTICE. Pray thee, peace. Pay her the debt you owe her, and unpay the villainy you have done with her;
To find his title with some shows of truth- Though in pure truth it was corrupt and naught- Convey'd himself as th' heir to th' Lady
though the truth of it stands off as gross As black and white, my eye will scarcely see it. Treason and murder ever kept together,
This was sometime a paradox, but now the time gives it proof. I did love you once.
Now what my love is, proof hath made you know; And as my love is siz'd, my fear is so.
But that I know love is begun by time, And that I see, in passages of proof, Time qualifies the spark and fire of it.
Only this proof I'll of thy valour make In single combat thou shalt buckle with me; And if thou vanquishest, thy words are true;
In argument and proof of which contract, Bear her this jewel, pledge of my affection.
This speedy and quick appearance argues proof Of your accustom'd diligence to me.
reasons to defeat the law. The King's attorney, on the contrary, Urg'd on the examinations, proofs, confessions,Of divers witnesses;
Upon surmises, all proofs sleeping else But what your jealousies awake, I tell you 'Tis rigour, and not law.
Most true, if ever truth were pregnant by circumstance. That which you hear you'll swear you see, there is such unity in the proofs
Ay, to the proof, as mountains are for winds, That shake not though they blow perpetually.
Dexterity so obeying appetite That what he will he does, and does so much That proof is call'd impossibility.
*****Law as Shakespeare used the word. *****
which, if it speed, Is wicked meaning in a lawful deed, And lawful meaning in a lawful act;
Seneca cannot be too heavy, nor Plautus too light. For the law of writ and the liberty, these are the only men.
Eleanor, the law, thou seest, hath judged thee. I cannot justify whom the law condemns.
I have been a truant in the law And never yet could frame my will to it; And therefore frame the law unto my will.
when law can do no right, Let it be lawful that law bar no wrong; Law cannot give my child his kingdom here, For he
that holds his kingdom holds the law; Therefore, since law itself is perfect wrong, How can the law forbid my tongue to curse?
If the law would allow it, sir. ESCALUS. But the law will not allow it, Pompey; nor it shall not be allowed in Vienna.
I had rather my brother die by the law than my son should be unlawfully born.
you are a worthy judge; You know the law; your exposition Hath been most sound; I charge you by the law,
the laws of Venice, confiscate Unto the state of Venice. GRATIANO. O upright judge! Mark, Jew. SHYLOCK. Is that the law?
Tarry, Jew. The law hath yet another hold on you. It is enacted in the laws of Venice,
Apprehensions Keep leets and law-days, and in session sit With meditations lawful?
Landlord of England art thou now, not King. Thy state of law is bondslave to the law;
Rest thy unrest on England's lawful earth, [Sitting down] Unlawfully made drunk with innocent blood.
The world is not thy friend, nor the world's law; The world affords no law to make thee rich;
owes the law his life, Why, let the war receive't in valiant gore; For law is strict, and war is nothing more. We are for law: he dies.
the law's delay, The insolence of office, and the spurns That patient merit of th' unworthy takes,
Enough, enough, my Lord; you have enough; I beg the law, the law upon his head.
To guard the lawful reasons on thy part, To leave poor me, thou hast the strength of laws,
lawful mercy Is nothing kin to foul redemption. ANGELO. You seem'd of late to make the law a tyrant;
I have been an unlawful bawd time out of mind; but yet I will be content to be a lawful hangman.
Bidding the law make curtsy to their will;....... The very mercy of the law cries out
By law of nature thou art bound to breed,....... I'll have an action of battery against him, if there be any law in Illyria;
which we Will answer as a law...... To suffer lawful censure for such faults....... Opposing laws with strokes, and here defying
he hath resisted law, And therefore law shall scorn him further trial
The canon of the law is laid on him,.... Let it be lawful that law bar no wrong;..... Law cannot give my child his kingdom here,
How can the law forbid my tongue to curse?.... When every case in law is right,.... Poor queen of love, in thine own law forlorn
You hear my spell is lawful. Do not shun her.... which we Will answer as a law..... Forborne the getting of a lawful race,
Attending nature's law;.... thou art condemn'd, and must Endure our law. .... I am not partial to infringe our laws.
To trip the course of law, and blunt the sword..... See your most dreadful laws so loosely slighted,.... no lawful means can carry me
And in the lawful name of marrying,.... If it prove lawful prize, he's made forever..... Of law and course of direct session
The law, with all his might to enforce it on,.... That he hath used thee. DESDEMONA. How? Unlawfully?
he made a law- To keep her still, and men in awe-.... Thy state of law is bondslave to the law;
according to our law, Depose him in the justice of his cause..... I challenge law-attorneys are denied me;
This web site is designed to provide those readers; intending to proceed with a claim while unfamiliar with the courts, some guidance on avoiding a few pitfalls following the inevitable asymmetry of information between themselves as perhaps lay claimants, and professional solicitors and barristers. Brief Introduction lower down this page.
For any person interested in law, who has a predilection for Shakespeare as I have a passion, it’s great wonder that he was not a lawyer, else must have had considerable contact with the law. Throughout his plays, you will find terms used at law today, that were well founded in all of Shakespeare’s writings some 400 years ago.
Egregious, wilful, negligence, true, false, misprision, promise, breach, contract, composition, mercy, redemption, and so on, the list is endless., Measure for Measure is likely the best one to begin with., not only being full of such language, but a perfect model for the art of precisely reasoned retribution.
It is not intended to deprecate the genuine professional, except those who use the aforesaid asymmetry to abuse due process, present biased evidence, suppress truth (suppresio veri) and suggest falsities (suggestio falsi).
The author has been aware for some time, that lowering standards of evidence in court, have licensed unscrupulous solicitors or legal representatives to indulge in perjury, misrepresentation and all forms of Machiavellian ethics to either get a case dismissed, or else search for some CPR (Civil Procedure Rule) to bring the case to a close without having it properly heard.
Following the genuineness of pre-trial procedures, you will have already determined whether the additional presence of legal representation may indicate the opposing litigant is relying on the ‘cloak’ of concealment to advance their case. If you have no problem with telling the truth, then it is unlikely you need legal council if you are prepared to research a little. There is a well known calculation in advanced mathematics proving that two plus two equals five! Some legal council will prove this to be the case rather than two plus two equals four!
A solicitor; unlike most barristers who proceeds in this fashion, commits:...
