Folk Culture law is the basis of the legal code of a folk community: that is, the basis of "law and order" in a society founded upon the ideals of Folk Culture.
All currently existing societies are uncivilized: that is, they suppress and have outlawed Folk Culture law and the ideals of personal honour, fairness and the principle that the sovereignty of the individual is inviolate on which Folk Culture is based.
Folk Culture law is the basis for true freedom. Any society which is based upon, which uses, any other type of law is a tyrannical society.
I: The first, and fundamental, principle of Folk Culture law is that there are only honourable and dishonourable deeds, with dishonourable deeds being the concern of Folk Culture laws. That is, there is no concept of "crime" as "crime" is now understood in modern societies. Folk Culture laws thus define what is dis-honourable.
II: The second principle of Folk Culture law is that the penalties for committing dishonourable deeds should be compensatory, rather than punitive, and involve: (1) exile of those found guilty of dishonourable conduct; (2) compensation by the guilty person, in goods, or money, of the victim of the dishonourable deed, or of the family/relatives of the victim. If the person found guilty of having committed a dishonourable deed or deeds has little or no goods or money then they can give their labour for a specified period.
Imprisonment is reserved for serious deeds of dishonour and should never exceed a period of one year, with all those sentenced to imprisonment being given the option of exile instead. As an alternative to all the foregoing, a penalty of work serving the community for a fixed period of not more than six months is permissible.
Only these types of penalties are permitted by Folk Culture law, for only these are honourable, fair and just. The death penalty is expressly forbidden.
Exile can be of two kinds: Greater Exile, where the person is exiled from the homeland for the rest of their life; or Lesser Exile, where the person is exiled for a period of three years.
Someone who has been exiled is an outlaw: outside the protection of Folk Culture law.
III: The third principle of Folk Culture law is that an accusation of dishonourable conduct - that is, of someone doing a deed which has been defined, in law, as dishonourable - must be made: (a) in person by either the victim of such a deed, or by the family/relatives of the victim; and (b) in public, in front of several witnesses.
That is, Folk Culture law is concerned only with dishonourable actions between individuals: with deeds which are actually done in real life and which affect an individual or individuals. Thus, there is not and can never be, in Folk Culture law: (a) any prosecution of a person by some "Institution" or Government or officials of these; (b) any prosecution for something which has not been committed; (c) any such thing as a dishonourable deed committed against some "Institution" or some "Government": that is, no such thing as a "crime" against the State. For a deed to be a "crime" according to the law of Folk Culture, there must have been a deed or deeds done by one or more individuals against one or more other, named, and known, individuals, with the deed or deeds being recognized as dishonourable in nature.
There is thus no such thing as "conspiracy" in Folk Culture law, just as individuals cannot be prosecuted for "intending" to commit a dishonourable deed.
What must be proved in a Folk Culture Court of Law is that the accused
did do the dishonourable deed they are accused of. An intention to commit
such a deed is not and never can be contrary to Folk Culture law.
IV: The fourth principle of Folk Culture law is that every individual has the right to defend themselves, their family, and those to whom that individual has sworn, before witnesses, an Oath of Loyalty, and the right to use lethal force in such defence.
Should an individual or individual be harmed or injured in such defence, then it is the right, of that individual to seek redress from the individual who has harmed or injured them. Should an individual be killed in such defence, then the family/relatives of that individual have the right of redress.
This redress consists either of accusing, in public, the person of dishonourable
conduct, or of a direct challenge to a duel or a trial by combat.
V: The fifth principle of Folk Culture law is that disputes between individual - involving injury or any other matter - may be settled through either a duel between the individuals involved, or by a trial by combat between those involved.
That is, it is a fundamental right, and duty, of the individual to be responsible for themselves, their family, and those given an Oath of Loyalty, and to seek, if necessary, personal vengeance and satisfaction, through a duel or trial by combat. Justice, for Folk Culture law, is a matter of honour and of being seen to be fair.
What matters, what is important, for Folk Culture law is the personal honour of the individual and the right, and duty, of the individual to defend their own honour. This right and duty cannot be taken away from the individual by, for example, the State, for that would be contrary to Folk Culture law, a denial of the freedom of the individual based as this freedom is on personal honour, and personal responsibility to defend that honour.
Folk Culture law thus accepts that a duel, or a trial by combat, is an honourable way of settling disputes between individuals.
In the matter of duels and trial by combat, Folk Culture law specifies that there must be an independent referee, Umpire or judge, at least two independent witnesses, and that such duels and trials be conducted in an honourable way according to custom. Folk Culture law affirms that should any person be injured or killed in such a duel or trial by combat then that is their own responsibility. That is, Folk Culture law considers such duels and such combats - when performed honourably according to custom - as honourable deeds.
VI: The sixth principle of Folk Culture law is that anyone publicly accused of a dishonourable deed or deeds has a right to either challenge the person making the accusation to a duel, or of accepting a trial in a Folk Culture Court of Law.
Should the person so making the accusation agree to a duel, then the
matter is considered settled, according to Folk Culture law, by the outcome
of that duel provided it is done in an honourable way.
VII: The seventh principle of Folk Culture law is that an individual accused of any dishonourable deed or deeds, who has accepted a trial in a Folk Court of Law, can either elect to have their case heard, in public, with witnesses called, or elect for a public trial by combat between the accused and a member or relative of the family of the person who has made the accusation.
It is up to the Court to ensure that such a combat is fair: that is, that the two combatants are fairly evenly matched in skill and physical strength.
If the accused accepts a public Court, then they are bound by the verdict
of that Court. That is, there is no appeal. Thus, if the accused is found
guilty, then they must accept exile, or pay whatever compensation is demanded
by the Court. According to Folk Culture law, failure to pay such compensation
within the time specified by the Court means the immediate exile of the
person, with the type of exile being decided by the Court.
VIII: The eighth principle of Folk Culture law is that a public trial involves an accusation made by one individual against another individual before a Jury of twelve honourable individuals, with their being a presiding Judge. It is the duty of the Jury to judge the case on the evidence of independent witnesses, and after hearing arguments from the accused and the person who has brought the charge. The accusation must be supported by the evidence of independent witnesses: if there is no such evidence, the case is dismissed. It is the duty of the Judge to pass sentence according to the principles of Folk Culture law.
Thus, according to Folk Culture law, the people who should prosecute a case, and who should defend an accusation, are either the two individuals involved - accused and accuser - or members/relatives of their families. That is, someone accused of some dishonourable deed or deeds must either defend themselves in such a Court, or have a member/relative of their family do this. The same applies for the person bringing or making the accusation: they should if possible present their own case, or have a member/relative of their family present it.
It is also the duty of the person who believes a dishonourable deed has been done to them - or the members/relatives of their family - to find and accuse the person responsible, if such a person has not been seen and identified during the deed, and to find any witnesses to the deed.
Folk Culture law thus does not accept the absolute necessity of "professional lawyers" or "solicitors", regarding such a necessity as dishonourable and a negation of the liberty of the individual. All the proceedings should be understandable by ordinary people, and involve only the direct evidence of witnesses, whether or not a deed is dishonourable according to Folk Culture law, and whether or not such a deed has been done by the accused.
An independent witness is defined in Folk Culture law as a person who is not a member or relative of either the person accused or of the injured party, and who is not bound by an Oath of Allegiance to either the accused or the injured party, or to any member of their families.
Both the Judge and Jurors at such a trial must also be independent by
the same criteria, with both Judge and Jurors expected to have proved and
be known for their honour by their deeds, their work, their service to
the community.
IX: The ninth principle of Folk Culture law is that if a person who has suffered a dishonourable deed according to Folk Culture law has no living family members or relatives, then it is the duty of an honourable person in the community to act on their behalf, and so find and accuse the person they believe is responsible if that honourable person sees such a deed committed, or sincerely and justly believes that a dishonourable deed has been committed.
The person who so begins to act is bound by the rules of Folk Culture law: that is, they must present the case themselves, and can be challenged to a duel or a trial by combat by the person they accuse.
This honourable duty of acting on behalf of a person who has no living
family members or relatives, or whose family members or relatives cannot
be traced, or who for some honourable reason such as infirmity or sickness,
cannot act on their behalf, may be undertaken by a public official appointed
to undertake such duties, with this official being publicly known for their
honour by their deeds, their work, their service to and on behalf of the
community.
The Foundation of Freedom
Folk Culture law is the foundation, the basis, for true freedom, and a society, a government, based upon Folk Culture law is a just and free society. Any other type of society or government is unjust and tyrannical, a denial of liberty, because only Folk Culture law expresses the principle of personal honour, and recognizes and accepts the importance of the sovereignty of the individual.
That is, Folk Culture law and only Folk Culture law is built upon the foundation of the importance of individual character, the family and the folk. All other types of law, and all other types of society based upon such laws, deny or restrict or destroy individual character, as they deny, restrict or take away the personal honour of the individual and their family and relatives.
The most fundamental belief behind Folk Culture law is that the sovereignty
of the individual is inviolate. The fundamental principle of all other
types of law is that sovereignty belongs to the Government, the State or
some "Monarch" or tyrant. Folk Culture law makes the person responsible for themselves
and their kin whereas other types of law - and the societies based on such
laws - take responsibility away from the individual.
Folk Culture law was the basis for most ancient civilized societies: for example, the folk-communities of early Ancient Greece.
The aim of a modern Folk Culture movement is to create a new society - an independent and free homeland - where we can live in freedom according to the traditions and customs and way of life of our ancestors - and where our Folk Culture law is the basis for the "law and order" of this homeland.
This will enable us, once again, to live as free men and women.
David Myatt