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..."As reported yesterday, no massacre can be confirmed to have occurred in Baharestan square. Readers have sent me several photographs of bodies with gaping wounds that might suggest the use of axes - I have confirmed ISOLATED use of axes in the previous report -, however, all of the photos have been from past protests. As of yet, the claim by Mainstream Media that there was a massacre at Baharestan cannot be confirmed."...
http://iran.whyweprotest.net/news-current-events/2449-green-brief-9-niteowl.html
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Ms Mora James J. D. :
ReplyDeleteI hope that Legal Systems evolve around the World to give equal Rights to Women. It is a beautiful fight for Kindness, Humanity, Appreciation of the Value of Women. And it is also a fight against Sadism, Cruelty and Brutality. Thanks to your blog for struggling for a Better World.
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Do Foreigners have any rights ??? - Do courts make Policy ??
Ius Peregrini, Ius Gentium, Ius Civile, Anglo Saxon "Habeas Corpus" - Consuetudinary Law
All courts in all countries make policy, even where the Law is not very consuetudinary, but very "Napoleonic" or "Roman" or "Law by a Book".
Wikipedia says :
""Consuetudinary (Medieval Latin consuetudinarius, from consuetudo, custom) is a term applied to law where the rule of law is determined by long-standing custom as opposed to case law or statute
Most laws of consuetudinary basis deal with standards of community that have been long-established in a given locale. However the term "consuetudinary" can also apply to areas of international law whre certain standards have been nearly universal in their acceptance as correct bases of action - in example, laws against piracy or slavery (see hostis humani generis). In many, though not all instances, consuetudinary laws will have supportive court rulings and case law that has evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the interpretation of such law by relevant courts.""
The United States more than most countries is "Consuetudinary", law can evolve and change with any court ruling. This comes from England and the Anglo Saxon Law that entered into effect in the fifth century, after Christ.
I seem to perceive that the rest of the World is moving to consuetudinary and abandoning the books of Laws and Rules, or Religious Books that give recipes for everything.
It seems that some form of "Habbeas Corpus" was Anglo Saxon law ( before invasion of England ) and there was the Ius Peregrini for Italians, later Ius Gentium with some form of protection for foreigners.
More Wikipedia :
"Peregrini were accorded only the basic rights of the ius gentium ("law of peoples"), a sort of international law derived from the commercial law developed by Greek city-states,[5] that was used by the Romans to regulate relations between citizens and non-citizens. But the ius gentium did not confer many of the rights and protections of the ius civile ("law of citizens" i.e. what we call Roman law).
In the sphere of criminal law, there was no law to prevent the torture of peregrini during official interrogations. Peregrini were subject to de plano (summary) justice, including execution, at the discretion of the legatus Augusti (provincial governor). In theory at least, Roman citizens could not be tortured and could insist on being tried by a full hearing of the governor's assize court i.e. court held in rotation at different locations."
You are the Jurists, please correct or add !!
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