CORPORATIONS: DESTROYING OUR LEGAL SYSTEM

Dennis comments ♦ December 1, 2020 ♦ Leave a comment

NAPOLEONIC LAW TAKES                                                                                                                                                                                         pPOWER FROM THE   PEOPLE 

               dl BEWITT, Dec 2020

The Following is inspired by a 30-year-old thesis of mine entitled :March to Martial Law’

 I DIDN’T PUBLIISH IT BECAUSE I RAN OUT OF MONEY AND THERE WAS NOT ENOUGH INTEREST,  HOPEFULLY, ENOUGH PEOPLE WILL BE INTERESTED NOW TO ENCOURAGE PUBLICATION.

Two decades ago, I theorized paradigm change by comparing civil Napoleonic or Roman law with that of English common law. I analyzed the structure and composition of English Law systems and Napoleonic Roman law systems, referred to as civil law systems, and attempted to show the differences in institutional behavior under the operation of each one. I traced the historical development of both systems and the philosophical premise or basis of each, referred to as jurisprudential, I then analyzed the basis of basic construct of the premises of the system and why it was that a Napoleonic code differed so much in both procedure and substance from a common law system

One of the main differences was that the Napoleonic system had no recognition of precedent, division of power, buffering official action, mitigating results of decisions, various civil rights enjoyed by a common law system resulting in a complete difference in the power dynamics of the systems.

It is the power distribution that I now discuss. Common law basis and its legitimacy is from the bottom up. Power was recognized as coming from the collective or citizenry. It is based on precedent from or similar to the same situation that occurred in this past. In Napoleonic law, there is no concept of precedent or redemption, or “once a violator, or criminal, always a criminal,” whereas under the English system, a miscreant shows some sort of penitence to society, the debt that is paid, and he is allowed back into the society. In the common law system power is divided between the sovereign, the courts, and parliament, a collective of citizens making decisions are law in the Napoleonic system the magistrate or its equivalent has power that is not shared with anyone. The magistrate or the courts from the police investigations can hold inquisitions there is no presumption of innocence or other constitutional rights and the citizenry is ruled by decree or a code. The code is all-inclusive and does not include has no room for interpretation. Everything must be defined in the code. If not in the code it does not exist.

In my research, I could not find an example of any common-law jurisdiction turning into a dictatorship or oligarchy. The most extreme examples of Napoleonic law were that of Spain, fascist Italy, Nazi Germany, and Soviet Russian. They are all based upon a Napoleonic code system. Russian developed a Napoleonic code under Katherine the Great who imported French jurists to devise the Russian code. Thus, under the Napoleonic system whoever achieves power can use it without restriction until something or someone intercedes. Only martial law in the U. S. is a Napoleonic code system.

For quite some time, Congress has been abdicating its power to the executive branch. The Constitution states that Congress and only Congress shall declare war. However, the Vietnam conflict occurred without any declaration of war by Congress. Disputes since then have lacked congressional declaration also. Did pass of legislation or resolution like the Gulf of Tonkin Resolution, and authorized executive power pursuant to limit but has not declared war on anything or anyone or any state since World War II

In the last half-century, as a people we have been indoctrinated and inculcated with corporate ideology and belief to the detriment of democracy, voters have been conditioned to think about efficiency, size of government, taxes, and self-interest, rather than in the interest of society or community in which they live. So, this country structured its lower courts and police system as a revenue generator. Policemen typically are revenue operatives, in which an exceedingly small percentage of them are employed by enforcing or investigating crime. Unlike Europe where police are visible to the public and give confidence to the public that they are safe, the police in the United States lurk behind billboards, disguise their vehicles, and focus on violations that generate revenue. The citizenry is indoctrinated to be concerned about income tax while the privatized enterprises surreptitiously tax them in other ways like penalties, fines, fees, and inflation, none of which is for the benefit of the people or citizenry.

Because of this orientation and things like management by objective, our common law system has been consistently eroded by uniform Law movements, sentencing Reform, the codification of the rules of evidence, and other things. Jury trials are pretty much a thing of the past as his any corroboration between defense attorneys and prosecute

Discouraging jury trials, extorting guilty pleas, and lengthy incarceration, if pleas aren’t accepted, is the new standard of Justice in this country. For that to have occurred, we had to move into a Napoleonic system. For instance, the precise presumption of innocence exists mostly in theory. Because of movies and TV shows, the public is conditioned to believe that as soon as an accused is arrested, he is guilty, and a failure to punish or convict is a miscarriage of Justice. Justice is no longer perceived as a balance between interests or even fundamental fairness but perceived as punishment only.

Another example of the attack against common law is the altering of the concept of intent. Under a common-law, a criminal must intend to commit a crime and render the consequences. The person did not commit a crime if he knowingly did an act but did not intentionally harm anything or anyone at common law only to misdemeanors and administrative actions did not require specific intent

The result of all of this is that power has been abdicated to the executive branch of government. The Legislature has not rained in the executive branch and allows it to essentially operate at will. The courts are reluctant to rule on political issues and rely upon the disorganized and politicized Legislature to do that and are unwilling to fill that void.

So, we have officials now in our country that have preached and ruled executive supremacy. We have an attorney general espousing a unified executive theory which was of executive superiority contrary to the balance of power. The Atty. Gen. of the United States has pretty much promoted the idea that the King could do no wrong, similar to the status of the law right after the Norman invasion. It is as though the leaders are trying to re-feudalize the country

The guiding principle behind Italian fascism was the rule of corporations which consisted of 12 divisions was based on efficiency and centralized rule or governments for the alleged benefit of the people that realistically for the benefit of the corporation and businesses.

The same was true of Nazi Germany. Various functionaries were punished in Nuremberg for war crimes, but the industrialists that benefited and funded the rise of National socialism or somehow ignored. The concentration camps started out as labor camps to provide cheap labor for German businesses became too costly to feed the labor, they devised other means resulting in places like Auschwitz.

In my work “March to martial law” I explained all of this in much more detail. I dusted the work off lately because of the manifestation in the trump administration and the corporate ruled republican party. The citizenry has taken second-place to commerce. Activities specifically defined by the Constitution have been privatized allowing tax revenue to become profits for corporations thus redistributing the wealth of the population. We no longer have citizens but are regarded as consumers with government is a merchant.

Thus, when you have unrestricted power, the stacking of the court system with ideologues, the fault of Congress, and millions spent on political campaigns the concept of democracy suffered the people should look at this and determine what should be done. We cannot exist as a nation much longer if this is allowed to continue.

I HAVE A DRAFT OF MARCH TO MARTIAL LAW