Notes on The Meaning of European > Anglo > American Law(see Five Comments that Follow)



The Laws of Nature
1. There is but one law of nature: Defeat Entropy By Accumulation, By Acquisition, By “Cooperation”. In other words “Evolve”.
2. We have discovered four laws of nature:
… a) The physical (initial, input, or before state),
… b) The behavioral (the action, or during state),
… c) The evolutionary (consequential, or after state),
… d) and the Formal or Logical Laws we use to describe them (continuous recursive disambiguation into an unambigous subsequent stable relation, using description of a sequence of names of states, properties, and operations).
3. So the universe operates by a simple rule, a simple grammar, of names, properties, operations, stable relations (agreements, truth)


The First Principles of the Universe
1. Pressure -> Entropy(Decay, Die), or Accumulate (Persist, live)
Persist -> Acquire -> “Combine(cooperate)-> CALCULATE EVOLUTION
2. Acquire (life) – must aquire energy, transform it (work) and capture some percentage of it by doing so.
3. Cooperate (people) -> (organelles, cells, sex, advanced life, mammals, people.)
4. Cooperative Choices -Evade, Cooperate, Conflict
5. Organize (markets)
6. Influence -> persuade -> coerce
7. Institutions of Influence Social(Religion) Economic (trade, contract) Political(state, military), with court somewhere between that triangle.
8. Institutional Order of Development
9. What causes group strategy – geography, food, class relations, tech
10. Contents of Group evolutinary strategy – -> Culture -> Metaphysics
11. Civilizational Differences in order of development.
12. Rate of evolutionary compuation, competitive advantage, wealth(choices available to the hierarch of the classes) quality of life, dependent upon it.


European Group Strategy
1. Wagons, Chariots, Sea People, Pirates, Vikings, Navies – contractual entreneurial warfare, sovereignty, reciprocity, democracy, hierarchy, technology AND maneuver, ooda loop, adaptability: maximum evolutionary computation by the elimination of impediments to trial, error, innovation, and adaptation. The Via-Negativa, instead of the Via Positiva.
2. Trifunctionalism. Religion, Military (state), and Law(neutral). The european order is fundamentally military (every able bodied man in the militia).
3. The Greeks, THe Romans, The Germanics, Atlantics, The English, The Americans, and the Anglosophere. Athens-sparta-Rome, vs England-Germany-America.
4. The consistency of the european group evolutionary strategy over 5000 years – in law. Not in religion, not in philosophy, not in literature. But by intergenerational transfer of metaphysical assumptions about the world and man’s relation to it and one another.


The Law
1. The Natural Law (of cooperation), Natural Rights, vs Human Rights.
Reciprocal Insurance, Self Determination, by Suppression of power and authority, by sovereignty in Demonstrated Interest, by by Reciprocity in display word and deed, limiting us to voluntary markets for cooperation (list) and voluntary market for the resolution of disputes (court), at the cost of suppression of the reproduction of those unable or unwilling to bear the above responsibilities.
2. Rule of Law: …. (natural, universal,prohibition on authority)
3. The Common Law: That which many polities have empirically discovered in common.
4. Trifunctionalism: independent Religion(jury, pedagogy), Judiciary(and jury, cooperation), Legislature(jury, appropriations), Executive (cabinet, generals, king, monarchy, – operations).
5. The State: The assets of the corporation we call a polity.
6. The King (or monarchy): the judge of last resort, and above the law in restoration of the rule of law.
7. Houses for the Classes (responsibility)
8. Concurrent Democracy
9. Enfranchisement by Capacity for Responsibility (Wildman(barbarian), slave, serf, freeman, citizen, sovereign).
10. Leading to the productin of commons, that reduce costs for all , especially famlies, leading to higher standard of living, by higher trust, higher cooperative velocity, at lower transaction costs, lower opportunity costs, and lower material costs – despite the higher pedagogial, psychological, emotional costs.
11. The purpose of our law is to continue the european group evolutionary strategy that demonstrated evolutionary velocity during the bronze, iron, and steel ages – despite the semitic dark ages – that maximizes our standard of living by increasing our capture of energy, comparative advantage, prosperity and choice, lifting the classes out of ignorance,superstition, poverty, hard labor, starvation, diseases, suffering, tyranny, and the vicissitudes of a nature all but hostile to life in a universe that is by and large a vast irradiated wasteland – fulfilling the european presumption that we are gods in the making not subjects of tyrants gods or the universe.

 

5. The Least Divergence From Nature, The Greatst Adaptation To Nature
Maximizes prosperity (cometitive advantage), choice (opportunity), the Innovative(increases in capital), and Adaptive (maneuver, change), by suppression of irreciprocity and falsehood (via-negativa), by maximization of responsibility (duty) by limiting us to via positiva adversarial (competitive, discovery, evolutionary) markets for cooperation and via-negative adversarial courts (dispute resolution) for dispute resolution, preserving our self determination, by self determined means, by reciprocal insurance, of sovereignty in demonstrated interests, and reciprocity in display word and deed, at the cost of suppression of the reproduction of those unwilling, unfit, and unable to carry that responsibility (duty).


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