How does the existing law cause problems for the community, who is affected by the
problems who is not, how big is the problem?
Blackstone: law is conservative
Statute: superior to common law, the statutory law binds us; if there’s a conflict it
fixes it. We must always interpret statutes. The decision that one govt makes, is not
binding on future governments. Mindful of the past, but free to make new decisions
If it’s a law it is good, if it’s not good it isn’t a law. The laws we have are good
You can’t work with the previous structure of laws you must have a new
governmenthand laws to change society
Louis 16 : tried to introduce series of reforms, to help the French monarchy to
manage their finances. The old arrangement was clashing, the old arrangement was
wealth of property, ownership of the land, peasants and taxes to the nobles in
exchange for the protection, and everyone owed each other money according to
their status. No free market. The third estate broke off and formed the national
assembly. There was always a constant threat from the outside, fear that the nobles
were hoarding the food.
The pope denounces the clergy; the clergy’s are the enemies of the state.
Louis decides to flee, (red hat = public revolutionaries)
Our goal will always be to contempt peoples hearts, encourage people to feel
content and anger towards our enemies.
Louis crime: guilty of treason
The idea of putting Louis on trial is not logical, you have to think about the
consequences and both arguments must be vile. Robespierre questions his
presumption of innocence? There’s no basis to revolt against him, the current
situation is unjust. You must establish society before. The trail is out of order and
invalid. All the republics of .. were right
To put him on trail confuses civil law and law of nations. Our relation to the king is
not like the relationship among ourselves, it is against the enemy. We