Understanding the Common Law [No. 86 LECTURE]

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The Federalist Society

The Federalist Society

3 роки тому

What is the common law and why does it matter? Professor Richard Epstein of New York University School of Law explains how basic rules provide the means for navigating complex legal questions. Learn more at fedsoc.org/no86.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

КОМЕНТАРІ: 87
@joeboxter3635
@joeboxter3635 Рік тому
Common law: Property, contract, tort, restitution. 1. First person acquire unowned object is owner 2. If you make a promise you should keep it. 3. If you engage in aggression, you engage in wrongful conduct.
@TheIrishdriven
@TheIrishdriven 2 роки тому
so a minum wage violates common law by dictating the price of labor which is an exchange sale of ones labor
@homestead685
@homestead685 Рік тому
yes, so do 99.99% of the other "laws" they are applying to we the people as persons
@acex222
@acex222 Рік тому
Common law is not a "superior" law - it's not "violated" by legislation, it's overridden.
@kirkmullins455
@kirkmullins455 Рік тому
@@acex222 according to the US Supreme Court the Common Law is superior to statutes, codes, regulations & ordinances.
@ragefulhippie6273
@ragefulhippie6273 Рік тому
​@@acex222 yes that's actually a false statement and demonstrative of your ignorance. Civil law gets it's authority(it's derived from) common law. The term "Stare Decisis" means judges are BOUND by the precedent.
@grumblesNhoneybee
@grumblesNhoneybee Рік тому
there should be a min profit sharing.
@Tommykennedy101
@Tommykennedy101 2 роки тому
The Common Law. Cause No harm, No loss, No breach of peace, No deceit within contract. Together with our Constitution, Magna Carts 1215. That covers any legislation, acts, or statutes.
@annoyingbstard9407
@annoyingbstard9407 Рік тому
Where’s that written down? UKposts videos don’t really count.
@Tommykennedy101
@Tommykennedy101 Рік тому
@@annoyingbstard9407 The book, the dome, (doom). A book of old rules and customs. When broken down equate to four Laws, (see above). There not written down. Why would you need to when they are inherent to all of us?. They have been subverted over time, to obscure them, by using the word "Law" in a subversive way, when it comes to legislation, acts, or statutes, (legal). What is written though, are the official documents showing treason FCO 30 1048, from the 70's, but it's been going on for a lot longer than that. Also, keep in mind article 61, which brought about Lawful Rebellion was invoked in 2001, and ignored.
@scottymacg28
@scottymacg28 Рік тому
Magna carts only applies if you are a Barron, which is a Freeman
@Tommykennedy101
@Tommykennedy101 Рік тому
@@scottymacg28 No it doesn't. We've moved on. We're not peasants anymore.
@no_bull
@no_bull Рік тому
Don't forget the Holy Bible. Everything is based upon that.
@leonardmulrooney3806
@leonardmulrooney3806 2 роки тому
Interesting material explained in a concise and logical manner. Thank you.
@Yivarn
@Yivarn 3 роки тому
This is fantastic. I found this extremely stimulating.
@wenshu888
@wenshu888 2 місяці тому
The way you explain it makes everything so clear. I'm even going to review my rejection of "social contract" theory.
@doreenstirling2169
@doreenstirling2169 3 роки тому
Oh my goodness I still get loooost. But I do know that UK common law is the same as New Zealand common law. If you want to hear an even simple explanation then listen to Bill Turner NZ
@Foundry_made
@Foundry_made Рік тому
Any country that came off British colonialism is based in English Common Law. Including America.
@maruhanayabi5418
@maruhanayabi5418 2 роки тому
Can be used for matrimonial court ? For extreme unfair wrong unconscionable agreement?
@zedeyejoe
@zedeyejoe 3 місяці тому
The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems.
@SuperChromer1
@SuperChromer1 3 роки тому
objection here ... legal does not apply to common law = law of the land , whereas , legal applies only upon water , further , legal does not apply to a man or a woman , and only applies to a created fiction . Property trespass occurs upon any legal fiction with duties and obligations , administering property without right . Constructed fraud applies to all created fictions , that were involved with the society of today , which in fact operates only upon theft of property [your name and family name ] the creation of a legal fiction = your birth certificate . As a professor , please identify the section whereby legal [ roman civil law ] , applies to a man or a woman . Please also identify the obligation [contract with full disclosure ] whereby a man or woman is obligated to obey civil law . If we were in a game of bull crap poker ; " I call any lawyer , BULL CRAP " . Professor or not . " T " ... Any from this society may answer for all to see , the answers to the questions posed . " T " ...
@petersaly629
@petersaly629 3 роки тому
I found your comment interesting. I'm wondering if you have any recommendation regarding any books / sources or webpages maybe to explain the common law versus statutes/ legal etc ...thanks a lot
@corinem9597
@corinem9597 3 роки тому
Here also finding your comment interesting and hoping you could recommend some resources. would be super grateful!
@BlueOriginAire
@BlueOriginAire 3 роки тому
@Jin Lee , They ask us to answer to their training. If we do not know, we assumed they are asking us if “we comprehend”??? Our response should be to clarify that while we comprehend their question we do not STAND UNDER their jurisdiction, because they answer to the PEOPLE, not the other way around.
@tomtree3872
@tomtree3872 3 роки тому
watch my channel
@godlover9
@godlover9 3 роки тому
Good stuff
@Netheredge57
@Netheredge57 3 роки тому
Education!
@SilverstoneTrace
@SilverstoneTrace 3 роки тому
It’s everything 🥰🥰🥰
@createbelief8678
@createbelief8678 2 роки тому
Check out Karl lentz
@nocommentnoconsent5635
@nocommentnoconsent5635 2 роки тому
Karl lentz+Richard Epstein+mark gramery+bill Thornton+jc&shaman=common law of land☮️✝️☪️🔯✡️🕎🕉☯️💟
@JamesDavid-yt4ec
@JamesDavid-yt4ec 2 місяці тому
In Re : "natural law" for PROPOGATION of children (property?) ... AND FOR THE " NURTURING OF CHILDREN TO ADULTHOOD " ? ... ... ["king" Insurance Agent + "queen" Adjuster (?)] Restitution? Civil Law?
@tomtree3872
@tomtree3872 3 роки тому
Plainly, you have little knowledge of Common Law. Common Laws are the laws of the constitution or the law of the land. In consideration of common law, if anyone wrongs you, you have the right to receive damages for injury. should that person refuse to respond in damages, the outcome, could be death. And stop referring to people. People are not subject to statutory laws.
@bearwater8747
@bearwater8747 3 роки тому
EXACTLY PERSONS are subject to laws. People are not. If this man is going to talk about the COMMON LAW. at least use the LAW terms you provide as definition! otherwise you're confusing people.
@jessja11
@jessja11 2 роки тому
Do you know by any change if there is a common law court??
@createbelief8678
@createbelief8678 2 роки тому
@@jessja11 check out Karl lentz
@Tommykennedy101
@Tommykennedy101 2 роки тому
The Common Law. Cause No harm, No loss, No breach of peace, No deceit within contract. Together with our Constitution, Magna Carts 1215. That covers any legislation, acts, or statutes.
@Tommykennedy101
@Tommykennedy101 2 роки тому
Common Law, (see above). Constitution, legislation, acts, or statutes. Which only have the backing of the Law, if agreed to by the ppl on a whole. The Common Law is set, no changing it. The Constitution, (legal/guidance) can be changed, but not without the approval of the ppl, after being made aware of all the facts, with regards to specific issues. Any attempt out side of that would be an act of Sedition, (to subvert the Constitution) which in it's self is an act of Treason, (to subvert the ppl, who make up the Common Law).
@signaturelincoln
@signaturelincoln Рік тому
After listen to most of the video and then reading a few of the comments. I reach a / the conclusion this man does not really understand what is common--- especially what is common law. He I fell would do well to go to a area of the world where people are just People and not influenced by legal-law. That is what is "common" to every man in the area and not what has become common knowledge between a layer/attorney and man/ that is the people. Common is Kommon is common sense and not that which has been written down by some scholar. thank you....
@latonyadarlene4244
@latonyadarlene4244 2 роки тому
Tonya summerlin
@spgwood
@spgwood Рік тому
Yeah this guy don't know much. Under common law you can only use it, if you are a child of God. You can not use Maritime law, in common law. In Common law you have to use Trial by Jury. Not Jury trial. You are using the God given rights. Not the rights given by Statutory laws. All the people that play on the court belong to the same club. You as a child of God can not win against the game they play in. court. They know the game and how it is played. You are an infant in there game, you will get hurt. So you need one of them to repesent you. If you step into their game you will get hurt. Just like a basketball game. If you don't know how to play the game you can get hurt. You have to know who you are in Christ, to play common law. A person that belongs to their bar can not help you with Common law.
@judgedarby9594
@judgedarby9594 Рік тому
This is statutory common law... no mention of a Court of Record in Common law...
@zackrauch2460
@zackrauch2460 Рік тому
From personal foot work there has been witness to nothing, but deviations for both the desperate desire of the natural law mariage contract, and the incelibacy that has struck society with mass social sexual repression, and socialising decades of delusions sits me here today that crime, and entrapment has been the means to acquire the best labour from the best men, and women.
@49.2k
@49.2k 2 роки тому
I’m white and I say law. That’s it.
@captainheinie6355
@captainheinie6355 3 роки тому
UK common law is different to American Common law.
@JeremySpencerJJWS
@JeremySpencerJJWS 3 роки тому
Is it? I doubt that very much.
@SuperChromer1
@SuperChromer1 3 роки тому
IT IS AN UNFORTUNATE FACT ; the denial of legal in different countries denying the common wealth [ english ] standards of different common laws is sad . Corruption of the minds of man and woman is still being carried out to this very day , and the proof of this is the condition that our existing world has been steered towards . We the people , must stand together , and before the corruption , with full people capable of Common Law Challenges , for the very / very, many to follow upon , and practice . It is a correct statement to say that specific Common Laws are practiced in different countries , how-ever , we the people must realize that Common Law has only subtle differences regarding the different disciplines , and therefore , the use of all Common Law may be used in all Common [wealth of the royal family only and the church ] Wealth countries ... as an example ; each man or woman may create a certified Common Law identification ---each [wo]man may also stand before any legal court as a living breathing entity and not the created legal fiction --- each [wo]man , may also challenge the juris - diction [jurisdiction ] , of legal at any time , including after supposed decisions have been made , as any and all decisions acted upon the basis of wrong jurisdiction or legal constructive fraud , are null and void . Please any lawyer or any judge or any professor , please do correct me here or within any public forum that you choose to scold me or correct me , as it would be very pleasing and refreshing to show the world peoples , that no obligation [ contract ] existing , means no force or effect . I would also bring up the question to you ; " Do the rules of civil procedure apply to any [wo]man or do they only apply to a created legal fiction that is derived from identity theft and constructive fraud "? IT IS A FORTUNATE FACT ; all actions decided upon by those administering property without right , can be challenged , and it is factual , that no statute of limitations exists for actions proceeded upon by means of fraud . At No Time is a wrong action made right by the passing of time ! Fraud , can never be converted into a right , by the passing of time ! This people is light and truth [ Lux Veritas ] courage [Virtus] ... to bring all corruption to an end . I am but one man , standing with another , and together we are stronger , and it is we two , plus more men and women , standing with others that will unite this world into a free society of people ... peoples of the world , standing before all corruptions , and bringing others forward , to challenge ... a warrior calls .com --- the 4 foundational knowledge video's , then see case files , but specifically # 5 ... see the down loads section --- bring forth the documents to many others , this is your chance to stand free ... never forget that natural law exists in this entire world --- Mark Passio --- Natural Law seminar series to begin with ... the truth is everywhere and now we bring forward for all to see ... hopefully , this does help to further peoples knowledge and understanding ... perhaps some will even then possess the wisdom to express this knowledge to many others ..."T"...
@BlueOriginAire
@BlueOriginAire 3 роки тому
@@SuperChromer1 , Where is this quote from? it is powerful stuff.
@SuperChromer1
@SuperChromer1 3 роки тому
@@BlueOriginAire I write from my heart and what many believe to be a quote from some other individual is not ... it is my honesty in writing the truth of what I have found as true , derived from the exposure of others before me , as they investigate fraud of humanity brought on by supposed authority . The actual strength is the truth , " see above and notice the line struck through a sentence " , this is your control of a court ... you as a man or as a woman [ people ] , have jurisdiction [control ] , and the fraud is the all capital letters identification given to you , by your government [ to control / the mind ] ... and taught to you as a belief system ... this is you in a court [ legal fiction ] , or as an actual man or woman . Proof of actual constructed legal fraud today --- attempt to operate with out legal fiction identification , and attempt to register your upper and lower case letters [ man or woman ] identification as you ... please think very carefully here ; when does legal constructive fraud become a right , that you must ask for ? Thank you for considering me to be a powerful author of truth . T ...
@stevenelson3005
@stevenelson3005 3 роки тому
@@SuperChromer1 Absolutely an amazing post of knowledge! Is it our right to demand to be recognized in both legal contract & judicial law by our names represented in Upper & Lower case only? I understand the Strawman/woman principles, but not sure the effectiveness of confronting the system to recognize it. I've seen cases where people demand the court to identify themselves & who they truly represent, but never really see the complete outcome. Thanks for posting & hope to hear back from you! ✌🇺🇸
@tonychin5065
@tonychin5065 Рік тому
I just curiously wonder if teaching law in UKposts is lawful?
@bumpee978
@bumpee978 Рік тому
So you believe that only people who go to school for law and pledge to the b.a.r. who are foreign agents to America have there right to know there statues which are not law have the right to understand there own rules? In America you are presumed to know the law which is the constitution.
@drachmaevraios
@drachmaevraios Рік тому
epstein island
@cindymoon9609
@cindymoon9609 2 роки тому
'epstein'. they can't help themselves.
@Truthloveliberty
@Truthloveliberty 2 роки тому
Moral relativism? 🤢
@renemongrain3306
@renemongrain3306 2 роки тому
once he said tort he is talking civil law . he is full of crap
@annoyingbstard9407
@annoyingbstard9407 Рік тому
Tort is one of the four bases of common law. If you don’t even know that best you keep quiet.
@davidgleeson9225
@davidgleeson9225 Рік тому
@@annoyingbstard9407 you get everywhere
@straightshooter8662
@straightshooter8662 Рік тому
LEGAL DOES NOT APPLY TO PEOPLE ITS ULES CODES STATUES POLICIES ETC NOT LAWS
@willyswandere9792
@willyswandere9792 3 роки тому
average presentation
@great-white-buffalo
@great-white-buffalo 3 роки тому
Average comment. The content is in the information NOT the presentation
@michellefletcher2753
@michellefletcher2753 Рік тому
what the PUCK? common law is based on the decision of the people. Use to influence complex cases. Lawyers, therefore, read the precedent to determine the outcome of the case law. I think he was confused between Civil (written by government officials) and Common Law based on past precedence lol...
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