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When one thinks of the Common Law,
one thinks firstly of the Anglo-American legal tradition, and rightly so.
For it is there that the Common-Law tradition has sunk the deepest roots. Even so, one of the great unknown stories
of history is that all of What is it that (at least until
recently) has characterized Anglo-American law? The primacy of the courts
in developing and establishing the legal order, with legislation playing a
secondary role. The Common Law is thus a bottom-up legal order, developed
from the interplay of independent social forces as these forces come into
conflict and find resolution. This explains the secondary role played by
legislation. The primary role of the state is simply to recognize the
private-law order and enforce it: this means recognizing the citizen ideal[note1],
private property, freedom of contract, in short, commutative justice. It is this adjudicative rather than
legislative approach which enables the Common Law to extend across national
borders and form a global network of private associations. This network is
constantly being extended in breadth and in depth, whether or not the state
works in its favor or works to discourage it.
The institutions of property and contract are universal and spontaneous;
they can be channelled but never eliminated. The Civil-Law tradition, by
contrast, emphasizes the role of legislation in the formation of the law.
It thus requires an overarching sovereign to dictate the law. It thus
cannot function within the framework of multiple sovereigns, within a
decentralized order – it must ever strive to establish an overarching
sovereign power, it must ever pursue total centralization. For it cannot
conceive of the law as anything but the dictate of a sovereign. Where there
is no sovereign power, there is no law,
there is anarchy, chaos, the yawning abyss. There is thus in terms of the
Civil-Law tradition no hope of ever attaining a world-order without
establishing a world government; and for this reason it is of the utmost
importance to oppose the globalist agenda and all its
offshoots in favor of a world of multiple
sovereigns and sphere sovereignty, in short, a world ordered in terms of
the Common-Law tradition. |
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