Synaptic Sparks

Examining Law



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What is Law?

According to dictionaries...

Law
1) Any system of regulations to govern the conduct of the people of an organization, community, society, or nation. 2) A statute, ordinance, or regulation enacted by the legislative branch of a government.
   Nolo's Plain-English Law Dictionary  
What is LAW?

[...] "Law" is a solemn expression of legislative will. It orders and permits and forbids. It announces rewards and punishments. [...]
   The Law Dictionary Featuring Black's Law Dictionary 2nd Ed.  
A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it;
Wilkins v. U. S
  Law Dictionary (Black's Law Dictionary)  

Stated simply as most would understand law:

Law is a command to do or not to do some action.


No law - No crime

Can a law that does not exist apply to anybody?

If it is law, it will be found in our books. If it not to be found there, it is not law.
  Entick v Carrington  

This concept is attributed to Lord Camden as stated in a 1765 case and quoted in a U.S. Supreme court case.

Other supporting evidence:

In drafting your legal claims, you are likely to have choices about grouping claims together or listing them separately. For instance, a claim might be “Defendant engaged in unlawful discrimination by denying plaintiff an apartment because of plaintiff’s national origin in violation of” and then listing the various statutes, regulations, and other sources of law.
  Shriver Center on Poverty law  
Municipal Court: The Basics
IV. Complaints
The  charging  instrument  in  municipal  court  is  a  complaint.  The  complaint  is  a  sworn  allegation  charging  an  accused with the commission of an offense
The complaint must:
1. show that the accused committed an offense against the laws of this state and must assert that the affiant has good reason to believe and does believe that the accused committed an offense against the law of this state.
  Texas City Attorneys Association  
Can a federal indictment be challenged?
Here are some examples that an indictment can be challenged for:
    failing to set forth an actual violation of law;
    failing to plead all of the elements of a crime;
  Burnham & Gorokhov, PLLC  

As just shown, every prosecutor is required to allege a violation of a law in order to charge a defendant with violating a law.

Inherent in the alleging of a law being violated is the implied alleging that the law applies to the person so charged.


No applicability - No crime

An implication is not a fact until proven with evidence. An implied claim that a law applies to somebody is not a fact until proven with evidence.

Lawyers and attorneys, prosecutors and judges, will do almost anything to keep you from considering this.

In an internet discussion of this point, I asked a lawyer, "How does a claim become a fact in a court room?" This lawyer refused to state the obvious truth: By presentation of supporting evidence and testimony. Admission of this truth exposes the reality that ANY court conviction for violating a mala prohibita law, is a conviction for committing a crime without any victim.


Because We Told You So

Malum prohibitum (plural) is a Latin and legal phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself, or malum in se.

"Unlawful." That is "Criminal." Because 51%  of legislators (mere men and women) say so one way or the other.

Smoking marijuana (where still against the law) is a mala prohibita (victim-less) crime. As of this edit, such action is a crime in some places and not a crime in others. But there's nothing wrong with the system???


All Law is Comply or Die

Yes.

It is.

For those who don't agree, obviously you have not considered the facts of the cop's Use-of-Force policy.

There are laws that say you must pull over and stop when a cop lights you up (turns on his red and/ or blue disco lights) and its fellow law that says you must obey a cop when he gives you a command.

If you refuse to stop, what will the cop do?

If you accelerate away from the cop will he let you go or speed up to stay with you until he can stop you? Will he just wave good bye to you? Or will he ram the car you are driving with what is called the PIT maneuver to make you stop? If you continue to resist a cop attempting to arrest you, will he say I just want to share my donuts with you or will he tackle you, taser you, or shoot you because you didn't obey the cop's (and politician's) commands to stop?

See  Force Continuum elsewhere on this website. (Opens in new window.)

As stated, every law is comply or die. If you don't obey, men with guns will come to capture you and put you in a cage. If you resist this, they will increase the force they use against you until you are forced into submission or you are dead.

They will do it to you for refusing to obey some mala prohibita law as well as for actually victimizing somebody.


Meaningless Law Prohibiting Murder

There have been laws against murder since time immemorial. There have been murders during that same time immemorial. Thus laws against murder have done nothing to stop murder from happening. Why?

Because murderers don't care about anti-murder laws.

And non-murderers don't need anti-murder laws because they aren't going to commit murder anyway.

Now if any don't agree, let me know if you plan on going out and committing murder if laws against murders are rescinded.


Legal Plunder

How to Identify Legal Plunder
But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.
THE LAW
Published 1850
-- Frederic Bastiat --

Legal Plunder is another name for Wealth Redistribution.

Since those doing the taking using law are the same mere humans called government that control the public education systems, I strongly suspect they don't want Bastiat's THE LAW on the required reading list.

Ten years ago today, [June 23, 2015] the U.S. Supreme Court issued a 5-4 decision upholding the City of New London, Connecticut’s “right” to condemn Connecticut homeowners’ properties, transfer them to a state-created entity called the New London Development Corporation, which would then transfer those properties to a private developer of a planned mixed-use redevelopment project aimed at supporting an adjacent Pfizer research facility.
 Competitive Enterprise Institute.org 

A case of Eminent Domain that was simply Legal Plunder.

Incredible as it sounds, civil asset forfeiture laws allow the government to seize property without charging anyone with a crime. Police can seize property first and hold it pending trial, which could be four to six years later. The government’s case for forfeiture can be based on allegations of illegal activity of someone other than the property owner. At trial the owner has to prove innocence – the government does not have to prove the property owner was guilty. Many forfeiture victims don’t have enough assets left after the seizure to hire counsel, yet the procedures are too complicated for property owners to successfully defend themselves.
 Forfeiture Endangers American Rights Foundation.org 

All done according to the law. /sarcasm


Evil Law

As German Jews, Anne and her family are very affected by the anti-Jewish laws brought on by the Nazis, which restrict them from everyday activities, including owning businesses. These laws were especially harsh after 1940. They also must wear yellow stars with the word "Jew" at all times.
 BookRags: Anne Frank: The Diary of a Young Girl 
Laws for the Restoration of the Professional Civil Service
"Civil servants who are not of Aryan (non-Jewish) descent are to be retired."

Law Regarding Admission to the Bar
"Persons who, according to the Law for the Restoration of the Professional Civil Service of April 7, 1933, are of non-Aryan descent may be denied admission to the bar."

Law Against the Crowding of German Schools
"In new admissions, care is to be taken that the number of Reich Germans who, according to the Law for the Restoration of the Professional Civil Service of April 7, 1933, are of non-Aryan descent, out of the total attending each school and each faculty, does not exceed the proportion of non-Aryans within the Reich German population."

Law for the Protection of German Blood and German Honor
"Marriages between Jews and subjects of German or kindred blood are forbidden...Extramarital intercourse forbidden between Jews and subjects of German or kindred blood...Jews are forbidden to fly the Reich and national flag and to display Reich colors...They are, on the other hand, allowed to display the Jewish colors...Whoever violates the prohibition...will be punished by penal servitude."

Reich Citizenship Law
"A Reich citizen is only that subject of German or kindred blood who proves by his conduct that he is willing and suited loyally to serve the German people and the Reich."

Reich Citizenship Law
"A Jew cannot be a Reich citizen. He is not entitled to the right to vote on political matters; he cannot hold public office...A Jew is anyone descended from at least three grandparents who are fully Jewish as regards race...Also deemed a Jew is a Jewish Mischlung subject who is descended from two fully Jewish grandparents and...who belonged to the Jewish religious community...who was married to a Jew...who is the offspring of a marriage concluded by a Jew...who is an offspring of extramarital intercourse with a Jew..."

The Law Regarding Changes of Family Names
"Jews may be given only such given names as are listed in the Guidelines on the Use of Given Names issued by the Reich Minister of the Interior... Insofar as Jews have other given names than those which may be given to Jews...they are obligated, beginning January 1, 1939, to assume an additional given name, namely the given name Israel in the case of males and the given name Sarah in the case of females."

Source originally at this broken link

Original source site Anti Defamation League  

Other sources regarding these laws. Here And here

The above listed German laws were the precursors to the horrible deeds that followed those laws.

If the law says that it is one's legal duty to shove Jews and other undesirables into cattle cars will you do so?

Nazi cattle cars full of Jews.

People who believe in government and authority believe government should give free train rides.


Some Laws Should NOT Be Obeyed

This is what happens when evil law or evil commands are obeyed

Nazi execution at edge of burial pit.

Nazi genocide trench.

Large Nazi genocide burial pit.

Dead emaciated Nazi genocide victims.

More dead emaciate Nazi victims.

Dead woman and severed limbs in a tank for medical experiments.

If the preceding pictures on this page offend your sensibilities or cause you a very intense negative emotional reaction, then you are feeling what I am feeling as the author putting these images on this page.

This is the same reaction I have when I think of all you law abiding, voting, religion of authority, government worshiping fanatics. Did I hurt your feelings? Too bad.

Your fight is not with me, it's with your own conscience and your own choice to refuse to examine government as I have done and written about on these pages.

REMEMBER!  The killers were just following orders and obeying the law.


Nuremberg Principles

The term "Nuremberg Defense" was originally coined during the Nazi war crimes trials at Nuremberg after World War II. Nazi war criminals who were charged with genocide, mass murder, torture and other atrocities used the defense "I was only following orders" so frequently that the argument became known generically as "The Nuremberg Defense".

Nuremberg Principle 4

"The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him".

This principle could be paraphrased as follows: "It is not an acceptable excuse to say 'I was just following my superior's orders'".
 Wikipedia 

"I'm just following orders."
"I'm just doing my job."
"I didn't write the law, I only enforce it."

If you collect a government paycheck, you are paid with money extorted from the government's victims, by law. Please explain how it is that you don't have a moral choice available. This Nuremberg Principle is quite clear, you have duty to disobey orders, commands, and laws you know are wrong. So go get a real job instead of working for, with, or as extortionists.

PAY ATTENTION LEO'S:

Issuing fines disguised as traffic citations is a choice. And that choice you have made is not moral.


Law is a Politician's Opinion

It is clear to this author that Legislators, Senators, and Congresspersons are merely men and women. Such politicians are not gods or demigods. They have no supernatural intellect or knowledge. And most importantly, they were not born with automatic authority over any other humans.

Therefore, I find that Law is only politicians' opinion.

Anybody who thinks that they can refute that statement, please send your attempt to do so to me via the Contact page. I am looking for good logical attempts of refutation to use on this page to counter-balance the narrative I am providing.


Moral Law?

As if legislators are moral enough to be telling others how to be moral...

For those who would claim that laws are to force morality upon those allegedly subject to those laws... The only thing left for me to state is, Read and reread this page until you get "IT".