Part 4 – The Organization of Institutions of Cooperation
HERE: Demand For Government (differences)
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HERE: Scale of Polity and Scale of Government
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Rule of Law, Market Government, Market Economy,
Public Investment Public Reward
Definitions that Prevent Lying in Political Discourse
RULE OF LAW means the absence of human discretion over other humans, other than in restitution for harms, by the demand for individual sovereignty in his control of his demonstrated investments, reciprocity insurance of others’ sovereignty, and fully informed, productive, voluntary, reciprocal exchange with other sovereigns, free of imposition upon the demonstrated intersets of sovereigns external to the exchange, producing markets in all aspects of life, including association, cooperation, production-distribution-trade, reproduction-marriage, the production of commons and the outsized returns therefrom, the productions of a government for the production, administration, and defense of commons, and the production and execution of war.
MIXED ECONOMY means borrowing by the state, taking risks for having done so, to make investments by the state that are impossible for groups of individuals, that capture returns for the state that are redistributed to citizens (commons holders), and borrowing by individuals sharing the risk with one another, to make investments by individuals in investments not requiring the scale of the state, ….
DEMOCRATIC CAPITALISM (Mixed Economy Bias) means within rule of law, borrowing by individuals from one another, sharing the risk with one another, to make investments by individuals on behalf of one another, that capture returns for those individuals, that are retained by individuals (shareholders).
DEMOCRATIC SOCIALISM (Mixed Economy Bias) means within rule of law, borrowing by the state from itself, with the state taking the risk of having done so, to make investments by the state, that capture returns for the state, that are redistributed to the citizens (commons holders).
AUTHORITARIAN NATIONALISM – FASCISM (PROPER) –
AUTORITARIAN GLOBALISM – SOCIALISM (PROTO-COMMUNISM) –
IMPOSSIBLE- – COMMUNISM (PROPER)
IMPOSSIBLE – ANARCHISM (PROPER)
CONSERVATIVE means evidentiary with warranty in pursuit of capitalization, in exchange for eugenics: The Masculine Reproductive Strategy of Reciprocity.
PROGRESSIVE means promissory without warranty, in pursuit of consumption and dysgenics: The Feminine Reproductive Strategy of Proportionality.
EUROPEAN ARISTOCRATIC (GERMANIC) RULE OF LAW (CLASSICAL MONARCHY)
AUTHORITARIANISM means taking from individuals groups or organizations, for any purpose, including
ARISTOCRACY means (creating markets using Rule of Law)
NATIONALISM means rule of law
UNIVERSALISM (GLOBALISM) means theft
The state enforces order (cooperation) sufficient to deny competitors access to the territory, resources, people, their production, and networks of productivity and trade. And to deny internal inhibitors to the income necessary to pay for it. It does this by suppressing local …
… rent seeking, corruption, and transaction costs, and centralizing these returns as ‘taxation’, where concentration of that income can be devoted to the production of commons and the multipliers produced by such commons. this creates opportunity for centralized corruption …
… and alliance with the state against the people, but without exception, the returns on state vs non-state are obvious: non state’s cannot and do not exist. Even those claimed by ‘libertarians’ are just borderlands defended by states or empires, investing in settlement by …
… permissiveness we translate as liberty. Since settlers provide claims to territory which can be defended by arms, because in fact, they are investing in that territory, and reciprocity is the only international natural law that we can observe. We defend what we invest in.
The only means of policing the state that we know of is rule of law through the courts of universal standing in matters both private and common.We have had this revoked by the state during the modern period, and we’ve been disintermediated from the courts as our means of defense.
Democracy can never control anything other than voting an oligarchy into or out of office. Its insufficient for policy or defense because representatives are not required to state terms of contract before they enter office. So with democracy, disintermediation from the courts …
… the only remaining method of insurance of sovereignty, liberty, freedom, and reciprocity is the militia and revolt.
So the state must and can collect fees for defense, and the courts. It cannot compete unless it can collect fees for investment in the commons. Paying such people richly if small in number reduces their chances of corruption. But allowing them to buy votes through …
… redistribution; and provides finance and internationals (large scale) with access to rents, rather than locals whose rents were suppressed (small scale), merely shifting the problem from many distributed rent seekers to fewer larger centralized rent seekers.
This would appear to be a null trade, but it’s not, since suppression of local corruption and rent seeking provides the economic velocity that makes finance and internationals possible. So we must simply repeat the process of using the courts and the law to suppress …
… new, larger organizations of rent seekers and corruption. And this process never ends. Man invents. So men will invent new means of rents and corruption, and other men will use the market for the suppression of parasitism that we call the courts and the law to stop them.
In this sense the (positive ) market for goods, services, and information is the one we are most aware of. We are somewhat aware of the government (not state) as a market for commons. But of equal import is the (negative) market for the suppression of ir-reciprocity …
… whether in the market for consumption (goods services information) or the market for multipliers (commons) we call government. Technically speaking the ‘state’ consists of the assets of the polity and the law its regulator, and the government a means of producing commons.
Where commons includes the state and its holdings and the means of defense whether military, judicial or sheriff.
Collectively the government and the state also provide the services of an insurer of last resort. The problem is maintaining its role as insurer, investor, …
… and resolver of disputes, while not allowing the public to demand redistributions that limit their responsibility rather than insurance that retains it.
I hope that is enough of a picture for you. No you can’t live statelessly except in a desert, tundra, or artic waste.
That’s why no one has or does.
I suppose that like many people who can consume information for entertainment and status you assume man is moral, rather than amoral, and choosing the moral and immoral as incentives provide. We can in fact read others. However history says that reading creates moral behavior …
… not that moral behavior is intuitive. As anyone who has raised children finds rather obvious.
Rule of Discretion
Rule of Law
Rule of Theocracy
You Don’t Need to “Believe” the Law
People don’t have to believe in or agree with the Law. They just need to avoid it. They don’t need to be trained. Or educated. Incentives ripple through the economy and polity almost instantaneously. All that is required is incentive to report violations, and any violation of reciprocity that exposes anyone to risk provides incentive.
A “right” is a claim against other members of a contract, wherein each party grants the other party something (a right) in exchange for somthing else (an obligation). Each person then has ‘rights’ as agreed upon in the contract, as well as obligations. This is the meaning of the term ‘right’. A right is something that you obtain from others in exchange for granting them something. There is no other logical meaning of the term, unless you invent a god or demon, or some equivalent that you are supposedly in contract with. (Although the term ‘right’ is abused by way of analogy and metaphor, which I will explain below.)
A contract can be discreetly created, such as a handshake, a promise, or an agreement. Or a contract can be written as a note, a written contract, or a constitution. A contract can be created by habituation as a “norm”, such as manners, ethics and morals.
While very few people understand this, ethical and moral statements are those that compensate for asymmetry of information between members of a contract for norms. This contract for norms is we call a society. Manners are promises that you will respect ethical and moral norms. Ethics are rules that we follow to make sure that there are no involuntary transfers of property due to asymmetry of information in an exchange. Morals are general rules that we will follow to make sure there are no involuntary transfers from others who are outside (external to) any action or exchange. (Having a chid that you cannot pay for, and expecting others to support it, is an involuntary transfer from others. That is why it’s generally been considered immoral.)
One can voluntarily enter discreet contracts. But normative contracts are a necessity because people cannot peacefully and productively cooperate without them. One can generally move between groups with different normative contracts (societies, and communities) but it is all but impossible to avoid them entirely, and it is entirely impossible to exist in a community without adhering to that contract – usually people are excluded from opportunity, punished, imprisoned, ostracized, or deported, for violations of the normative contract.
3) NATURAL RIGHTS:
Some contract rights are both necessary for humans to engage in contracts, and possible to grant in contracts. Such as surrendering our opportunity for violence theft and fraud, from those with whom we are in contract. If we surrender our opportunity to use violence theft and fraud, we define this set of forgone opportunities “property rights’. Because these rights are necessary for peaceful cooperation, and necessary for contracts to function, we call these necessary rights ‘Natural Rights’ – in an effort to limit the ability of governments to violate the contract rights that are necessary for human cooperation when they make laws.
If we define our minds and bodies as our property. And we define those objects, that we freely obtained through exchange as our property, then there is only one natural right and that is property. It is the only right necessary, and the only right universally possible to grant to one another – because we must refrain from something, rather than do something. In this sense, there is only one possible human right, and all other rights derive from it.
3) HUMAN RIGHTS:
Some contract rights are not necessary but beneficial. These rights generally can be categorized as forms of ‘insurance’. They cannot be directly exchanged without an intermediary institution acting as the insurer. People cannot equally contribute to their costs. We call these rights ‘Human Rights’.
4) DEMANDED RIGHTS:
Now this is not to say that you have no control over your rights. You can for example (and we all do) demand additional rights in exchange for our compliance with manners, ethics, morals, norms, laws that are levied equally against all. These rights are not human rights, they are not natural rights. They are rights that you demand for your compliance. THe problem is, that means that they are just a preference. That’s all. You must get a right in exchange even if you demand it, it cannot exist until there is a contract for it, somehow. And we can cause discomfort, economic friction, and political resistance. Or we can offer to contribute more somehow in exchange for additional rights. In this sense, most arguments are in favor of demanded rights, in the form of FREE RIDING, PRIVILEGES, RENTS, and DIVIDENDS.
5) FREE RIDING (CORRUPTION)
Free riding is letting other people pay for something that you enjoy. Voting for a tax that you don’t have to pay is free riding. Living off your parents is free riding.
5) PRIVILEGES (CORRUPTION):
Sometimes we attempt to seek privileges not rights – a privilege is something that unlike insurance, is something we are likely to obtain, and which comes at a cost to others, without our providing something else in exchange. These are not rights, but privileges at the expense of others.
6) RENTS, RENT-SEEKING (CORRUPTION)
In contemporary politics, unscrupulous people attempt to label privileges as rights, so that they can obtain something from others at no cost to themselves This is not seeking rights but seeking privileges. It is a form of corruption, which is just an indirect form of theft.
In economics, seeking privileges from government is a form of corruption called ‘rent-seeking’. (Which admittedly, is an old and confusing name. In previous centuries, people would seek to obtain an interest in land so that they could collect rents on it.) Today, people seek an interest in tax revenue so that they can collect income from it. This is Rent-Seeking. The government, in practice, if not in theory, owns all land, and we rent it from the government by taxes. If you cannot pay your taxes, you cannot keep your land. Taxes today, are no different from taxes under feudalism. We have just replaced private landowners with a political bureaucracy. In both cases we are renting our land, and in many cases the homes we build, from the government. Taxes are our rents. And people who seek to own part of taxes are rent-seekers.
7) DIVIDENDS (REDISTRIBUTION)
if you obey norms (manners, ethics and morals) and obey natural rights (property), you do so at a cost to you.
If you think of society as a business (it is, because it must be), and the business is to grow the local market (it is, at least to maintain it), because everyone in the local market will profit from it. (they do). Then these businesses (societies) grow through phases, just as businesses do (or really, business go through phases like society does, just a lot faster because they’re smaller), and in certain early phases(startups) they require a lot of investments from their shareholders (citizens), and in other phases they produce tremendous surpluses (mature, commoditized businesses), then we can see that most of the problem we deal with in politics, is who makes what contributions, and who collects what dividends, and how those dividends are used.
PROBLEMS WITH DETERMINING DIVIDENDS (REDISTRIBUTION)
It is very hard to argue against dividends (redistribution) if people respect (adhere to) manners, ethics, morals, and natural rights (property rights), as well as whatever arbitrary laws are created that affect all people equally.
The general argument, which is true, is that by adhering to manners, ethics, morals, natural rights and arbitrary laws, you earn the right to participate in the market for goods and services. And that dividends are a due only to those people who provide goods and services in the market. The problem is that a market can’t exist without consumers, and that consumption is equally as important as production and distribution. You can’t have one without the other. So this argument is at best, empirically weak.
The problem with dividends (redistribution) is not the logical requirement for dividends (redistribution), but the problem with how to determine what a dividend is, how to collect them, who has earned them, and how to allocate them, and how to distribute them.
But I will have to leave that rather lengthly discussion for another time. ?
This is very close to the ‘final word’ on rights. It is extremely hard to criticize this series of statements using any form of rational argument. I will be happy to engage literate people on the topic but ask the moderators for their help.
FAILINGS – ASSERTIONS…
1) Judges are forced to adjudicate between customary law, regulation, and legislation during a period of rapid social, economic, and political upheaval. In science for example, there is no temporal pressure to decide. In conflict there is temporal pressure to decide. The state has taken on the monopoly of the application of violence, and created a monopoly method of dispute resolution (courts), and created a monopoly body by which to adjudicate such conflicts (law, legislation, and regulation.)
2) There exists only one universal law of human cooperation. We call that law ‘natural law’. That natural law consists in reciprocity. Reciprocity requires satisfaction of the criteria (a) fully informed, (b) productive, (c) warrantied, (d) voluntary transfer, (d) free of imposition of costs upon the interests of others by externality. One can obtain an interest by bearing a cost (performing an improvement) for the purpose of obtaining an interest; and one can have no interest until one has born a cost to obtain such an interest.
3) This one law (reciprocity) provides decidability independent of opinion, preference, custom, or presumption of good, and is the reason international law is governed by reciprocity it is the only rule that provides reciprocal (equal) incentive against retaliation for the imposition of costs upon one another. Law evolved, from the first record, to the present, for the purpose of preserving the volume, velocity, and returns on cooperation, and preventing cooperation’s opposite: retaliation cycles that throughout history have produced the deleterious effects of feuds.
4) Customary Law (especially germanic, if not all european) consists of the discovery and accumulation of applications of this law of reciprocity that we call Tort law. Legislation (command) and regulation (prior constraint) have been given the FORCE of LAW by those whose profit interest – either the population (preservation of returns on cooperation) or the territorial rulers (returns from taxation).
5) The primary function of RULE has been the preservation of cooperation by use of organized violence to suppress impositions of costs upon the investments of others. This is the role of insurer of last resort of Personal Interests.
6) The primary function of GOVERNMENT has been the construction of commons and the extraordinary returns produced by commons, while insuring those commons from privatization of commons, socialization of losses into the commons, by the organized use of violence. This is the role of insurer of last resort of the Commons.
7) The primary function of the STATE, particularly with the advent of paper currency, and now fiat (unbacked) currency (our money consists of nothing but shares in the economy) has increasingly evolved to function as the insurer of last resort against the Hazards of the vicissitudes of nature (disasters, tragedies, accidents, disability, health, old age, and even war).
8) Rights can only exist (a) by reciprocal exchange of the same obligation, and (b) when insured by a third party with sufficient organized violence to insure and reinforce them. Otherwise they are not rights but impositions by means of command. It is correct to say we create a market ‘demand’ natural rights, and we create a market demand for human rights, but those rights do not exist until we organize sufficient violence into roles and institutions to insure those rights: police, sheriffs, soldiery, and judges.
9) Human rights consist of AMBITIONS that we demand from the Governments of States in order to tolerate their retention of a monopoly of control over a territory. They exist as a postwar attempt to constraint governments to improving their territory, people, and assets by market means, without imposition upon their neighbors. Such rights, likewise, do not exist. But are merely an ambition.
10) The universal declaration of human rights contains a few provisions that were necessary to obtain the signatures of the then-communist states, that asserted positive rights (obligations to provide for one another without constraint on the reproduction that exhausts the ability to provide for others, and therefore results in the gradual dysgenic decline as we reverse thousands of years of upward redistribution of reproduction back down to the underclasses who are not able to produce sufficient market goods and services to exist without harming the reproduction of the middle and upper classes.) [note: we have reversed the flynn effect and have, even in china, been losing a third of a point of intelligence over a fairly short number of years. The productivity of a people is reducible to the median of the population’s cost of education and training, such that every point below what is today’s 105 and tomorrow’s 110 places an intolerable burden upon the rest of the polity.]
8) Our American constitution persisted the anglo saxon, germanic, proto-germanic (and possibly proto-indo-european) law of sovereign men limited to acts of reciprocity, and licensed the government to act in their interests to preserve their sovereignty (the original text being ‘life, liberty, property’). Unfortunately at the time the techniques of formal logic, strict constriction from first principles, were not known. We are no longer limited, and there is no reason any and every law cannot be constructed formally from the natural law of reciprocity, producing a complete, consistent, and easily falsifiable body of adjudicatable law. There is no reason any and every act of legislation, and any and every act of regulation, cannot be so constructed. The principle difference under such formal construction is that the one law, discovered application of the one law, regulation to limit hazards of those actions not open to restitution, and CONTRACTS for the production of commons would be consistent, and as such the government could only issue contracts under law, not edicts above that law. (This would destroy the left’s ability to usurp power by democratic means).
9) The Uniqueness of Western Civilization is reducible to (a) a militia that constitutes the shareholders, (b) individual sovereignty of shareholders, (c) the demand for truth, duty, and reciprocity from one another in mutual insurance of our sovereignty. (d) And sovereignty results in the necessity of markets for association, cooperation, reproduction, production, commons, and polities. (e) such markets, adjudicated by the law of tort, adapt to change faster than all other methods of human organization. (f) it is this rapidity of adaptation and resulting insulation from corruption and rent seeking that made the west develop faster than the rest in both the ancient world and the modern, with the Abrahamic Dark Age of the Jewish, Christian, and Muslim attacks on the great civilizations, providing the only hindrance. Once north sea trade was reestablished, the saxon commercial order constructed in europe, and the atlantic opened to the age of sail, the west was finally, by the age of napoleon, able to return to Roman levels of institutional sophistication, and universal imposition of law. [note that the west had fertile lands and forests but no flood river valleys to concentrate production, concentrate people, and develop taxation. So while the ancient world could form armies by taxation, western people had to form militias that relied on advanced (at the time) technology that required whole families to pay for. These militias (cattle raiders, sea peoples, vikings, pirates, european explorers ) organized expeditions (raids) but did so voluntarily. There was no other means of organizing other than contract. It was this order that led to our law, our debate, our reason, and from there our science and technology. Western excellence is due to our law – which elsewhere is not contract but command.
10) The progressives lie to mask what is merely theft – they rely on postmodernism (lying by sophistry), and they rely on marxism (pseudoscience) as well as freudian and boazian pseudoscience. So yes, the Progressives (socialists) lie, but the Conservatives (Aristocratics) cannot tell the truth: The truth is quite simple: the reason for the success of western and eastern civilization, and most obviously the ashkenazim, is the upward redistribution of reproduction, and the use of manorialism, taxation, and the vicissitudes of nature to limit the reproduction of the underclass until such point that surpluses are sufficient to continually increase the standard of living through continuous market competition and innovation. Man was not oppressed. The man self domesticated through the same process he used for plants and animals: breeding the best and culling the rest. This is the dirty secret of civilizations.
11) Sovereignty, Truth, Duty, and Reciprocity produce markets, and markets are eugenic. They are just a peaceful form of eugenics rather than war, enslavement, enserfment. By use of Sovereignty, Truth, Duty, Reciprocity, and Markets western man in the ancient world, and in the modern, dragged humanity kicking and screaming out of ignorance, superstition, hard labor, poverty, starvation, infant mortality, early death,
12) The chinese are not so inhibited as we are. they do not care about markets other than in their ability to preserve their racially homogenous polity, and return themselves to position of world power to do so. They are actively researching methods of direct improvement while event their one child policy did not help the ongoing decline in the distribution of intelligence. We are doing the opposite, which is undermining the very reason for our evolutionary success, ad the means by which we dragged mankind out of darkness, and we are doing it through immigration of those very peoples who we have spent thousands of years eliminating from our polities. As far as I know anglicans and ashkenazim remain at parity, but the anglos otherwise have lost a full standard deviation or more since the beginning of the industrial revolution. Even the Norwegians are in distributional decline.
13) The most profitable action any polity can take is to institutionalize benevolent eugenics, and that is to pay the underclasses not to reproduce, and to limit all immigration to skilled professionals, and to push the young and old into the labor force in the less demanding occupations. This is the lesson of our experiment with universal democracy and marxist-postmodernist globalism: dramatic reversal of centuries of civic improvement. At present only the east asians are willing to pay the costs of retaining their accumulated achievements. The eugenicists were right and in retrospect it appears that the Boas, Marx, Freud, Frankfurt, and French Postmodern movements were but reactions against Darwin, Maxwell, Menger, Spencer, and Nietzsche. And the entire postwar period has been nothing but a pseudoscientific and pseudo-rational attack on western civilization – an effort to repeat the destruction of the civilizations of the ancient world by the same means – false promises. This time with pseudoscience and pseudo-rational sophisms using the major media instead of supernatural sophisms using roman roads and greek writing.
Perfect Government Under Rule of Law
AND RULE OF LAW CREATES MARKET GOVERNMENT
0) A militia consisting of shareholders who reciprocally and unconditionally, insure one another’s property-in-toto from the involuntary imposition of costs by both members and non.
1) A contract (constitution) between those shareholders for that reciprocal insurance, consisting of Rule of law, natural law, universal standing, universal applicability, absence of discretion through strict construction, with a monarchy as a judge (veto) of last resort. And providing for:
2) A market for polities in which many small polities compete by the production of different commons.
3) A market for the production of commons within any given polity, by exchange between the classes (those with different reproductive strategies, capabilities, and capital interests)
4) A Market for the production of goods and services within any given polity by exchanges between individuals and organizations OTHER than those that exclusively produce commons.
5) A market for the production of generations (marriage) within any given polity, within any given market for commons, within any given market for production of goods, services, and information.
6) A market for association and cooperation, within the market for polities, the market for commons, the market for private goods, the market for reproduction.
7) A market for the resolution of disputes over demonstrated interests by application and strict construction of the natural law of cooperation: reciprocity. (Judiciary)
8) A market for the production of contracts (agreements) in all markets (lawyers)
9) An insurer of last resort consisting of: A military of last resort, A treasury of last resort (shares in the nation), An insurer against acts of nature, age, and incompetence of last resort.
10) A Judge of Last Resort (Monarchy).
Our Mistaken Emphasis on Government Rather than Juridical Defense from it.
We are always ruled. We are often governed. The law is the minimum rule. We can never escape law and commons and hold territory. We spend far too much ink on how to insure good rule, government, rulers, and governors. And we cannot make a good ruler or governor. We spend too little ink on universal standing and juridical defense from rulers and governors. This is because we not only seek advocacy of political orders in order to rally allies with whom me seek advantage from both rule and government – but would be constrained ourselves by rule of law if our preferred leaders obtained it. All political advocacy in favor of one form of rule, or one form of government, and another, is an attempt to circumvent the cost of exchange. Libertarians are partly morally blind, progressives are almost entirely morally blind (libertarians and progressives) and conservatives not only see clearly but are over-sensitive. And all attempts at political power are merely attempts to circumvent voluntary exchanges of cooperation that occur in the family, tribe and market. Rule that prohibits parasitism in the tribe, market and government forces us to conduct voluntary exchanges (compromises) none of which are optimum for the long term capital accumulators (conservatives), medium time frame producers (libertarians) and short time frame consumers(progressives). Just as we use voluntary exchange in the market to organize production, distribution, trade, and consumption, we organize the production of commons via government. But if government is not a vehicle for the facilitation of trade between the long(conservative), medium(libertarian), and short(progressive) factions, it is no different from not possessing a free market for the production goods and services, an not possessing money to signal demand. When free market advocates call for infinitely open markets this imposes costs on the other factions. When socialists call for redistribution this imposes costs on the other factions. When Conservatives call for the payment of normative costs, this imposes a cost on the other factions. But if we instead of imposing costs upon one another, conduct trades, then those costs are the expenses that we pay to cooperate on means despite our cognitively biased different ends. Cooperation lets a species specialize. Cooperation by voluntary exchange lets us specialized without dying off and producing a new generation. Cooperation by voluntary exchange collects information from the specialists in inter-temporal reproduction: short consumption progressives, medium productive libertarians, and long term, conservative capital accumulators. By satisfying the wants of all through voluntary exchange, together we ‘calculate’ the optimum possible reproduction for all, the same way that the market calculates the optimum possible production for all. If I have not converted you to market production of commons (a market government) consisting of at least four if not five houses, each of which splits by gender, then hopefully at least I will help you understand mankind’s long struggle to increase the scope and rewards of cooperation by the use of market and voluntary exchange to produce the information necessary for us to act in our collective interests.
Part 999 – The Law
Definitions Within Law
LAW means ‘that beyond which one may not transgress without consequence, whether Physical law of nature or Natural law of man.”
Categories of Law
- Natural Law, Rights and Obligations under Sovereignty and Reciprocity
- Findings of Law, meaning Judge Discovered Law (discovered by the court during the resolution of a dispute.)
- Contract (agreement between parties) under the natural law of reciprocity.
- Acts of the Commons ( Rules produced by a governing body using rules of law, and given the force of law )
- Acts of Regulation (Rules of Prior Constraint given the force of law by the insurer of last resort)
- Acts of Command (rules are given the force of law, produced by one or more rulers and governors regardless of rules of law)
Decidability of Law
1. Rule of Law by Reciprocity (Natural Law – Non Conflict)
Rule of Law by the Natural Law of Reciprocity (Logical), or “concrete” definition that must preserve one right of reciprocity, rendering all disputes decidable, and all findings of law, regulation, and legislation, and all contracts under them decidable. Reciprocity provides a Formal Logic of Juridical Decidability.
Reciprocity creates The Law that is Statement of FACT.
2. Rule of Law (By Conformity to Rights)
Rule of Law: a “Substantive” (Skeptical) or “thick” definition. Rule of Law by Rights provides a Rational method of juridical decidability. Substantive (Skeptical) conceptions of the rule of law include certain substantive rights that are said to be based on, or derived from, the rule of law. The substantive interpretation holds that the rule of law intrinsically must protect some or all individual rights – rights that can be articulated – but that need not be reciprocal or internally consistent.
Rule of Law by Conformity to Rights produces findings of law that are Rational Judgements given unavoidable inconsistencies.
Non-Retroactivity: No finding of law, regulation, or legislation may apply retroactively: if there is no such law there is no crime.
3. Rule By Law (Rule by Legislation – Agreement between a Group)
Rule by Law: a “Formalist”: (Optimistic) or “thin” definition, that must not preserve any such rights, and that either the state or the people are unlimited in their imposition of …. Rule by Legislation is aFormalist (Optimistic) definitions of the rule of law do not make a judgment about the “justness” of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. The formalist interpretation holds that the rule of law has purely formal characteristics, meaning that the law must be publicly declared, with prospective application, and possess the characteristics of generality, equality, and certainty, but there are no requirements with regard to the content of the law.
In addition, some theorists hold that democracy(majority) can circumvent both procedure and rights, or construct new rights (rather than privileges).
Formalism allows laws the pretense of claiming rule of law when rights are not protected by including countries that do not necessarily have such laws protecting democracy or individual rights in the scope of the definition of “rule of law”.
The “formal” interpretation is more widespread than the “substantive” interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law.
Rule of Law by Legislation produces findings of law that are Reasonable given the inconsistency of the basis for laws.
4. Rule of Man (By Arbitrary Discretion – Individuals )
A “Functional” (Fictional) or “ultra-thin” definition. The functional (Fictional) interpretation of the term “rule of law”, consistent with the traditional English meaning, contrasts the “rule of law” with the “rule of man.” According to the functional argument, a society in which government officers have a great deal of discretion has a low degree of “rule of law”, whereas a society in which government officers have little discretion has a high degree of “rule of law”.
Rule of Man’s Arbitrary Discretion requires neither formal process nor substantial rights be respected, and allows government officials great and possibly unlimited ‘discretion’, but not necessarily the judiciary or the people.
Rule of law by Arbitrary Discretion produces findings of law that are Arbitrary.
( Counsel: The ancient concept of Rule OF law can and shall be distinguished from rule BY law, in that, under the rule OF law, the law serves as a check against the abuse of power by the judiciary and the state, and rule of law by the Natural Law of Reciprocity (“Natural Law”) serves as a check against the government, the judiciary, and the people.
Under rule BY law, findings of the court, regulation, legislation, and commands are enforced as if law a mere tool for a government, that oppresses the population a using legislation as justification for arbitrary commands – a means of violating rights
Under Rule of Man, there are no checks on power to violate rights.
As such there is only one Rule of Law: Reciprocity and all other pretenses are not rule of law, but judgments of some number of Men, with varying degrees of consistency and given force of law, by organized violence to do so. )
Common Anglo Between Equals vs Continental Law Between Rulers and Subjects
a relationship between men, a relationship between men and the state.
( … )
Possession, Property, Right, and Title
- Opportunity: any interest that Man my wish to acquire through his investment that has not yet been invested in by others.
- Possession: Possession is a Fact. Possessions are Personally insured. Consisting of that which one has acted to prevent others from consumption or use.
- Property: Property is a Norm. Property is collectively insured. Consisting of that which evolves as general rules of non-imposition between people with similar kinship, interests, or interdependence. Property is that which is insured against non-imposition by a third party organization.
- Property Rights: Property Rights are dependent upon the existence of an institution that acts as the insurer of last resort, and enforces rights and obligations in matters of disputes.
- Title …..
Natural Right: Reciprocity.
Desired Right: A right that you wish to possess if you can find (a) a party to exchange it with you and (b) an enforcer (insurer) of those rights once you negotiated them.
The Self Insured:
Consensual Right: (from promise to formal document)
The Collectively Insured:
Normative Right: (norms, manners, ethics, morals),
The Institutionally Insured (enforceable):
Right (Legal Right) : a contractual obligation by another party to perform some actions, and refrain from other actions
- Findings of Law proper (discovered),
- Legislation (negotiated),
- Regulation (issued)
- Command (commanded)
Enforceable Rights: Enforceable Rights exist only when
- (a) obtained in contractual exchange, and;
- (b) are enforceable in matters of dispute by a third party ‘insurer’.
- (c) the insurer being the court, government, police, sheriff, people or other enforcer.
The Institutional Privileges
Artificial Right (or Political Privilege)
- Negative Right: a contractual obligation by another party to refrain from actions: to forgo opportunities for gains. The only rights we can reciprocally grant each other are negative, because we can only equally possess the ability to refrain from action.
- Positive Right: a contractual obligation by another party to perform actions: to bear costs, and to forgo opportunity for ‘defection’ (cheating).
The International Ambitions
Human Rights : Those Institutional rights necessary for human freedom from political predation, that any government must seek to produce for its citizens if that government wishes to preserve its sovereignty from actions against it by those signatories of the contract for human rights: the insurers of last resort.
Human rights were an attempt by western nations in the post-colonial and post-war era to set the terms by which governments would respect the sovereignty(esp. borders) of other governments, in an attempt to limit countries to internal development rather than expansionary war; to prevent another world war; to contain the horrors of communism; to contain the horrors of islamism;to prevent the continuing horrors of primitive and developing countries; and to direct the purpose of government exclusively to the improvement of the condition of those under it’s dominion.
Violations of Rights (define common crimes under each)
- Regulation (specific rules of compliance enforcing general objectives of policy)
- Infraction (insurer, exporting of risk)
- Conduct (mis-de-mean’-or, violation of conduct that create or export risk)
- Free riding (failures of duty and due diligence in all their forms, privatization of commons, socialization of losses.)
- Hazard (drugs, weapons, explosives, bioweapons, misinformation, untruths.)
- Parasitism (Fraud, Conspiracy, blackmail)
- Passion (Defense of honor; Defense of mate, family, kin; Defense of friends/assoc. )
- Predation (theft, harm, murder for gain)
- Evil (harm for the purpose of satisfaction by harm alone)
- Treason (War)
- conspiracies of intent
- conspiracies of common interest
- externalities of insufficient due diligence.
Warranting Severity of Restitution and Punishment as:
- Misdemeanor (less than one year and less than 1/5 of the median household income)
- Felony (more than one year and more than 1/5 of the median household income)
- Capital Crime (death penalty)
There is only one form of rule of law under which no one can override natural rights (transcendence, sovereignty of life, liberty, property, under reciprocity, truth, duty, and markets.)
Rule by legislation allows either the state or the body politic to override those rules.
And rule by man allows arbitrary discretion on the part of officials (members of the monopoly bureaucracy).
Via Positiva: ……. The Golden Rule.
“Do unto others as you would have done unto you”
Via Negativa: ….. The Silver Rule.
“Do not unto others as you would not have done unto you.”
Via Empathia : …….The Copper Rule
“Do not unto others as they would not have done unto them.”
Via Logica: ……….The Natural Law of Sovereignty and Reciprocity.
“Limit your actions to productive, fully informed, warrantied, voluntary transfers, of the demonstrated interest of others, free of imposition of costs upon the demonstrated interests of others by externality.”
Via Existentia: …. Rule of Law,
………………………….. … The Jury, and
………………………….. … Markets in everything.
The Iron Rule: …. “Might Makes Right”.
The Silver Rule (Presumption of Inequality)
In the Negative (Silver Rule, or via-negativa): The requirement that we limit our actions from the imposition of costs on that which others have born costs to obtain an interest in, without imposing costs upon that which others have likewise born costs to obtain an interest in.
The Golden Rule (Presumption of Equality)
In the Positive(Golden Rule, or via-positiva): the requirement that we limit our actions to productive, fully informed, warrantied, voluntary transfers, free of the imposition of costs by externality, upon that which others have obtained by the same means.
As determined by;
Either any change, or the total change, in the inventory that all parties both internal and external to the action have born costs to obtain an interest in, without imposition of costs upon others directly or indirectly by externality.
Why Does Reciprocity Serve as Natural Law?
Because it is apparently impossible to contradict reciprocity in cooperation (ethics), and as such it provides perfect decidability in all contexts of cooperation at all scales in all times, and under all conditions. That’s what the words moral and ethical mean: “reciprocity”.
Where a Demonstrated Interest consists of:
- (I) Existential Interests, and (II) Obtained Interests:
Existential Interests Include:
1. Self: Life, Body, Genes, Memories, Mind, Attention Time, and Action
3. Opportunity for Action, Stimulation, Experience.
4. Status and Class (reputation, honor): Self-Image, Status, Reputation Social, Sexual, Economic, Political, and Military Market Value
5. Kith and Kin and Interpersonal (Relationship) Interests: Mates (access to sex/reproduction), and Marriage Children (genetic reproduction)
Consanguineous Relations (family, kin, clan, tribal and national relations)
6. Sustainable Patterns of Association, Cooperation, Insurance, Reproduction, Production, Distribution and Trade: Friends, Acquaintances, Neighbors, Cooperative Relations, Commercial Relations, Political Relations, and Military Relations.
And Obtained Interests:
Obtained Interest refers to Interests that are demonstrated by bearing a cost of opportunity, time, effort, resources, to obtain that interest without imposing upon the previously demonstrated intersets of others.
Obtained Interests Include:
- Several (Personal) Interests
Personal property: “Things an individual has a Monopoly Of Control over the use of.” Physical Body and Several Property: Those things we claim a monopoly of control over.
2. Shareholder (Fractional) Interests
Shares in property: Recorded And Quantified Shareholder Property (claims for partial ownership)
3. Title Interests (Weights and Measures)
Trademarks and Brands (prohibitions on fraudulent transfers within a geography).
4. Artificial Interests (Privileges)
Letters of Marque, Patents, Copyrights, Grants of License.
5. Common Interests, or “Commons” (Community Property)
Institutional Property: “Those objects into which we have invested our forgone opportunities, our efforts, or our material assets, in order to aggregate capital from multiple individuals for mutual gain.”
(i) Common Opportunity Interests
When people come together in proximity, and suppress impositions of costs upon the interests of others through the incremental evolution of the law of reciprocity, they decrease the time and effort required to produce voluntary association, cooperation and exchange. As such polities decrease opportunity costs, and generate opportunities. These opportunities are un-homsesteaded (opportunities) until invested in by individuals either by expenditure of time effort and resources, or by forgoing opportunities for consumption. As such the proximity of people and the institution of reciprocity under law produce a commons of opportunities that we seize (homestead) by competition. As such no one may claim interest in an opportunity without conducting and exchange by which to seize it.
(ii) Informational commons: knowledge. Information.
(iii) Informal (Normative) Institutions: Our norms: habits, manners, ethics and morals. Informal institutional property is nearly impossible to quantify and price. The costs are subjective and consist of forgone opportunities.
(v) Formal (Procedural) Institutions: Our institutions: Religion, Education, Banking, Treasury, Government, Laws, Courts.
(vi) Monuments (art and artifacts).
Monuments claim territory, demonstrate wealth, and provide one of the longest most invariable normative and economic returns that any culture can construct as a demonstration of conspicuous production (wealth), and as such, conspicuous excellence. (hence why competing monuments represent an invasion. Temples, Churches, Museums, Sculptures being the most obvious examples of cultural claim or conquest. )
(iv) Formal (Physical) Commons: the territory, it’s waterways, parks, buildings, improvements and infrastructure.