Canonum De Ius Positivum
Canons of Positive Law

one heaven iconVII.   Law

7.3 Systems of Law

Article 238 - Systems of Law

Canon 2858 (link)

A System of Law is a comprehensive integrated body of laws, legal institutions, law officials, customs, precedents and history encompassing the necessary functioning framework of rule of law for a particular society, civilization or group of societies.

Canon 2859 (link)

System of Law is equivalent to the concept of Civilzation and “Civilized Society” in that Civilization is founded in large part on the existence of a comprehensive system of law.

Canon 2860 (link)

A form of law is not the same as a system of law. A form of law such as admiralty law, agreement law, trust law, local government law, state law or federal law are sub components of a larger system of law.

Canon 2861 (link)

A Valid System of Law is any law system that meets seven (7) essential criteria being Member Rights, Rules and Guidelines, Legitimate Source of Power, Rules of Judicial Administration, Institutional Bodies, Legitimate Consent and Enforcement:

(i) Member Rights being clear recognition of members of the society possessing some form of rights and the recognition and protection of those rights; and

(ii) A set of Rules and Guidelines defining the acceptable norms of behaviour of the society encompassing property, ownership, agreements, obligations, arguments (disputes) and relationships; and

(iii) A Legitimate Source of Power and authority defining by what claims or rights the laws have been first formed; and

(iv) A set of Rules of Judicial Administration defining the administration of the society and the law; and

(v) Institutional Bodies of members of the society constituting some kind of executive branch, legislative (law making) and judiciary (judges); and

(vi) Legitimate Consent of the members of the society to agree and follow the laws; and

(vii) Enforcement of rule of law and examples of judicial review and the sentencing / ruling / order.

Canon 2862 (link)

The most common claim of legitimate source of power for a System of Law is "by Divine Right" upon claiming by some sacred scripture, revelation, custom and guidance one or more Divine Entities bestowed legitimacy to a body of law as superior to all others, consistent with some theology and cultural heritage.

Canon 2863 (link)

Any System of Law that is inconsistent with these Canons and based on fraudulent claims of source by Divine Right is automatically without a legitimate source of law and therefore null and void from the beginning.

Canon 2864 (link)

A valid System of Law is said to be operational for a community when it is either recognized and practiced as custom or the rule of law by occupation of the land and sea.

Canon 2865 (link)

For a valid System of Law to be operational as rule of law by occupation of the land and sea, occupation must have been accomplished by dominance over a previous system of law by conquest, treaty or abandonment:

(i) by conquest in the form of one or more decisive battles whereby the opposing forces surrendered, or agreed to some truce or peace as the weaker side; or

(ii) by treaty in the form of an agreement whereby one side is the superior to the other; and

(iii) by abandonment or vacancy whereby the the previous law was lost, abandoned, destroyed or non-compliant to be known as a valid system of law.

Canon 2866 (link)

A System of Law need not be written in a form of scripted or cursive language to qualify as a system of law so long as law meets the criteria of a valid system of law and the civilization demonstrates an ability to maintain, adjudicate, transmit rule of law and record important matters of law whether graphically, through monuments, forms of cultural expression or other forms of record.

Canon 2867 (link)

All valid systems of law may be divided into essentially two types being equality based and inequality based:

(i) Equality Based Systems of Law assume that all are equally subject to the law, even if the laws favor a few above the many; and

(ii) Inequality Based Systems of Law assume that not all are equally subject to the law and some may operate outside of it or be excluded from it.

Canon 2868 (link)

Equality Based Systems of Law have far outlasted Inequality Based Systems of Law throughout the history of Civilization, due largely to the inherit weakness of any system of law that permits some or many to claim immunity from it.

Canon 2869 (link)

Inequality Based Systems of Law are by definition unjust and therefore an abomination to the rule of law and the purpose of law.

Canon 2870 (link)

The most successful Inequality Based System of Law based also on fraudulent claims of "Divine Right" is Roman Cult Law also known as Civil Law, Feudal Law and Common Law whereby through a complex system of patronage, obedience, mutual interests a global inequal and unjust system of law dominated planet Earth for almost 1,000 years until 2011.