© Infrakshun | M.K. Styllinski
“The expression of truth is simplicity.”
Reading time: 20-25 mins
Natural and Common Law
If you’re like me you might ascribe to a universal law that operates outside of human constructs yet gives rise to a specific set of perceptions and values. Natural law is a system of moral justice and balance derived from the cycles and symbols of nature rather than the rules of society. There are inherent rights which exist outside of legislative bodies and the State which are deemed a timeless product of nature and the Divine. Natural Law is a culmination of thousands of years of philosophical inquiry from Taoism to the Stoics and celtic Christian theology. Drawn from generations of common sense experience, the common theme is that morality, ethics and jurisprudence should determine the outcome of disputes and community conflict.
Natural law flows through the dynamics of social groups, how we cooperate and include, when we live and die, who we love and who our friends our; it is our home and our community; the values, virtues and moral autonomy that gives life to art and altruism. It comes about by the process of reason and conscience which determines what is beneficial or destructive to the individual as part of the proper functioning of a community. It is a law that requires us to learn the sometimes subtle difference between that which gives life and creativity or that which sends us down the road to entropy and evil.
Under Natural Law infections of evil are allowed to wither and die by withdrawing energy for their existence. Such entities are not bailed out and propped up – they dismantled, re-envisoned or ignored. This universal standard is as old as human conscience – the wisdom formed through experience. It is a law that transcends time, culture, and government. It is a law that helps to create organic order that is porus and fliexible as well as socially binding. Natural promotes self-responsibility, self-sufficiency and preventative measures when it comes to crime and dysfunction. It is the judge who discovers the law in common practices which have been deeply ingrained in society.
At its best, it is simplicity in action.
The American legal school of thought called Declarationism believes that the principles of the Declaration of Independence and the U.S. constitution are based on Natural Law. However, that initial ideal has now been obscured – if not dissolved – under the heavy weight of amendments by successive administrations under the pay of corporations and antithical ideologies. Equally, one only has to cast an eye over the disease of legalise – American and European – to wonder how it is that anyone understands anything when it comes to civil liberties, family courts and civil actions.
The English legal system of Common Law is similarly rooted in this natural philosophy with its roots in the English Kings’ courts. This older, traditional form of common law is still in operation although, like the U.S. consituition, it has been covered up and camouflaged by modern legislative power which seldom takes into account the old local knowledge and simplicity of the system – a natural outgrowth of community cohesion.