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https://pdfs.semanticscholar.org/ec7f/25c9208eca556b84a673af69dfdf1086f8fa.pdf
Book Review. The Transformation of American Law, 1780-1860 by Morton J. Horwitz
"More and more, courts resorted to the idea of damnum absque injuria to deny a plaintiff's claim. By accomplishing subsidization through the legal system rather than through taxation, Horwitz maintains, the ultimate political choices were hidden from view and insulated from debate. The developmental urge had captured the courts, and it was by this allegedly apolitical agency of government that the subsidy was levied."
Exemplify double-speak:
damnum absque injuria
"loss or damage without injury"
Does that depend upon what is is?
If the people decide through their representatives in a Trial by the Country (Trial by Jury) what anyone can do to anyone without consequence, and what anyone can do to anyone with consequence, then that is one thing, one form of government, by a tribe, or by a people homesteading within a specified geographical area. The other thing is not the same thing as a people, through their representatives in a jury, deciding fact, law, guilt, evidence, innocence, remedy, restitution, or punishment. The other thing, other than Trial by the Country, is termed: Summary Justice.
A government by, of, and for the whole people as one, on one side.
B Government by, of, and for Special Interest Groups, at the expense of everyone, on the other side.
Not one meaning for the word government, but two meanings for the word government, where one meaning is truth based, and original, and the other meaning is false based and counterfeit. If you refuse to see it, then that is your choice.
One is original, grass-roots, organic, natural, reasonable, spiritual, religious, honorable, truthful, productive, adaptive, preventive, and this one deters crime before crime ripens to fruition.
The other is counterfeit, top-down, inorganic, unnatural, unreasonable, spiritless, anti-religious, dishonorable, false, destructive, entropic, undefendable, and this one creates criminals exponentially.
Some people caught in the exponential growth rate of counterfeit government are made to ignore the alternative as if there never was, and never will be an alternative to the exponential growth rate of counterfeit government - criminal - power.
What does the following mean in context of Law (due process) versus Equity (Summary Justice)?
Chapter 14
COURTS TO BE OPEN; SUITS AGAINST THE COMMONWEALTH
Article I, Section 11
BY DONALD MARRITZ
“That justice may be speedily as well as impartially done, and that to prevent tedious and expensive pilgrimages to obtain it, I do for me and mine hereby declare and establish . . . that monthly sessions shall be held in every country in which all sorts of causes belonging to that county shall be heard and finally determined, whether relating to civil or criminal acts. And . . . that every person may freely plead his own cause or bring his friend to do it for him. And the judges are hereby obliged to inform him or her what they can to his or her assistance in the matter before him, that none be prejudiced through ignorance in their own business . . .”
Free stuff?
Volunteers, often without pay, or their pay is restricted significantly according to statute, are given all jurisdiction at law, and these volunteers in government constitute the pool from which a grand jury is formed for the purpose of accepting accusations and moving legitimate accusation to an offer offered to an accused for the accused to defend himself against the accuser, in a trial by the country: NOT a trial by the government.
If the accuser is false, then the right thing to do is to account for that fact, and charge the false accuser a judgment that intends to discourage false accusations.
What is the opposite, counterfeit, law form in as few words as someone of letters can muster?
"The judiciary of the United States is so constructed and extended, as to absorb and destroy the judiciaries of the several states; thereby rendering laws as tedious, intricate, and expensive, and justice as unattainable by a great part of the community, as in England; and enabling the rich to oppress and ruin the poor."
George Mason, 1787
One is not the other, and the existence of the counterfeit form confirms (does not deny) the existence of the original form.