PROBLEM STATEMENT HERE ( … )
How does the individual know how to apply the natural law in all aspects of life?
the minium rules of contextual decidabiilty for responsible sovereign actors.
So this is the basic system of weights and measures for the preservation of self determinaton by self determined means by sovereignty and reciprocity.
OUTLINE
- Explanation (weights and measures)
- Definitions of Rights Obligations and Inalienations (ROIs)
- Spectrum of ROIs
- The Necessity of Articulating and Enumerating ROIs
- The Causal Origin of ROIs
- The Causal Relationship between ROIs
- The Strict Construction of ROIs
- Enumerating the Natural, Necessary, Fundamental, ROIs
- Index of Section
- 4 – Immutability of Fundamental, Natural, Rights
- 4- Disambiguate Negative and Natural from Positive and Contractual
- 4- Disambiguate Rights by Enumerating Differences Between The Spectrum of Necessary to Arbitrary Rights.
- Limits
- 4- Variation from Negativa Natural Rights by Positiva Contractual and Legislative
- 4– Variation in Rights By Conditions: All rights are conditional given the three states of a polity
- 4- Variation by Duty to the Priority of Obligations, Rights, and Inalienations under Trifunctionalism:
A SYSTEM OF WEIGHTS AND MEASURES
( … )
DEFINITIONS
(note: DECISION on Definitions: (a) reference the original defintion for brevity (b) repeat the definition for readability, (c) repeat and reference the definition for testability.)
Natural Necessary Negative Rights vs Contractual Utilitarian Positive Rights:
Natural rights obligations and inalienations are necessary for the production of the insurance of sovereignty in demonstrated interests for all insurers and their dependents in the polity.
Contractual rights are those of utility produced by legislative contract
|Rights|: Natural > Conditional(ability) > Contractual(contingent)
Right: A claim on community of insurers for defense of one’s demonstrated interests.
Obligation: A claim by the community of insurerers for all insured to defend their demonstrated interests.
Inalienation: A demand by the community of insurers that prohibits all insured from the voluntary abandonment, or legislative revokation of a right or responsibility.
Natural Negative Rights: All Natural Rights Obligations and Inalienations consist of negative rights: prohibitions on actions that would require the intervention of the insurers to bring about judgement, restitution, punishment, and prevention for the purpose of restoring sovereignty in demonstrated interests and reciprocity in display word and deed.
Contractual Positive Rights: All Contractual Rights Obligations and Inalienations consist of positive rights: Prohibition or Requiremetn for actions that are necessary to produce a desired common on behalf of the insurers and their dependents.
Public Contractual vs Semi-Private vs Private Positive Rights: whether legislative, corporate, or private contract is irrelevant, in that no contract may violate the Natural Rights, Obligations, and Inalienations of the members of the polity whether the insurers of the polity or their dependents. Even if it is possible to either create an exchange that equilibrates variations and maintains sovereignty and reciprocity in the process, or whether the polity accepts a debt in order to produce a future return that restores sovereignty and reciprocity over a limited time.
Internal Reciprocity of Rights: All rights require a reciprocal obligation and all obligations require a reciprocal right. Natural rights and obligations require inalienability. Contractual rights and and obligations may be alienated by revocation or cancelation by due process.
External Reciprocity of Rights: All those whose rights and obligations are insured, are required insure those same rights and obligations for all others insured in the polity.
Natural Necessary Right: A claim on community of insurers for defense of a demonstrated interest, that is necessary (natural, negative) or granted (contractual, positive) to all insured members of the polity.
Natural Necessary Obligation: A duty to the community of insurers to defend the demonstrated interests of insurers, by display, word, and deed, in behavior, speech, action, court, with force, or with war – whether the obligation is necessary (natural) or granted (contractual) to all insured members of the polity.
Natural Necessary Inalienation: The inviolability of these rights and obligations whether by the individual himself, by other individuals or by internal groups or by external groups. One may neither abandon those rights and obligations nor propose, threaten, enact, or act the abandonment or violation of those rights and obligations to the self or others.
Negative Legitimacy by Commonality ( … )
Positive Legitimacy by Concurrency ( …. )
Contractual (Legislated, Positive) Rights: The rights obligations and inalienations under the terms of a legislative contract produced by prescribed due process of legitimacy, by the due process of legitimacy agreed to by the insurers.
Alienability of Contractual Rights: Inalienability of Natural (negative, defensive, law) Rights and Obligations, and alienability of Contractual (positive, assertive, legislation) Rights and Obligations.
The Spectrum of The Scopes of Rights
- Universal Demand (human nature for self determination, will to live)
- Internally Necessary (for non-conflict, and cooperation)
- Internally Imposed (unwillingly by force, barbarian, slave, serf)
- Internally Conditional (reciprocally insured by force: freeman, citizen, sovereign)
- Internally Contingent (on state of the polity by agreement and necessity, all)
- Internally Preferential (contractual, legislative)
- Externally Agreed
- Externally Opportunistic
4.1 – Spectrum of Rights: Existential, Natural Rights vs Preferential Contractually Constructed Rights.
The difference between a natural right and a legislated right or privilege is whether the rule is a natural necessity for satisfying the terms of self determination, sovereignty, and reciprocity, or whether it is a preference, or contractual right produced by concurrent legislation. Natural rights are discovered. Legislative (contractual) rights, obligations, and inalienations are constructed to serve preferences.
Any natural right we must possess under the natural law of self determination by sovereignty and reciprocity, by reciprocity must produce an equal obligation, and inalienation.
Additionally, all natural rights must be expressed as obligation, reciprocal right of that obligation from others, and the inaliability of that right and obligation either voluntarily or involuntarily, because these rights are necessary not preferential for the prservation of self determination by sovereignty and reciprocity.
Additionally, while rule of law requires all law apply equally to everyone, and all legislation at least be general and not specific in application. This is the difference between a natural and existential right, and an unnatural or constructed right.
4.2 – The necessity of articulating natural existentially necessary rights obligations and inalienations
All natural rights derive from the necessity of self determination by sovereignty and reciprocity. And by presuming self determination by self determined means we need only define the terms of creaeting and preserving reciprocity under sovereignty and reciprocity.
By enumerating these rights we create a system of measurement for deciding the legitimacy (or criminality) of all subsequent rights, obligations, and inalienations. This system of measurement can be used to construct all subsequent rights. And we prevent attempts at fraudulent construction of such rights, and fraudulent evasion of such rights and their obligations and inalienations.
4.3 – The Causal Origin of Rights, Obligations, and Inalienations.
Whereas the forces of:
The Universe (cold, radiation, many dangers)
… The Solar system (sun, and many dangers)
… … The Planet (geology, atmosphere, climate),
… … … Nature(flora and fauna),
… … … … Scarcity (resources)
Therefore, Given the requirements of:
Acquisition (Resources)
… Self Defense(Survival),
… … Self Determination(Agency),
… … … Cooperation(Capacity),
… … … … Sovereignty(Choice),
… … … … … Reciprocity(terms),
… … … … … … Duty(responsibilty), (This is where equality breaks down.)
… … … … … … … … Forbearance(Investment), (account for inequality)
… … … … … … … … … … (Returns: Variability, compatibility, divison of labor,
… … … … … … … … … … … ability(investment))
… … … … … … … … … … … (Losses: Dependence, Charity (insurance))
… … … … … … … … … … … … (Failure: Tolerance (Evasion))
… … … … … … … Liability(Accountability),
… … … … … … … … Warranty(Insurance)
Where Reciprocity Requires:
Productive,
Fully (exhaustively) Informed,
Warrantied,
Voluntary Transfer,
… Of Demonstrated Interests,
… … Free of Imposition of costs,
… … … Upon the demonstrated intersets of others,
… … … … By externality,
Within the limits of possible due diligence,
Within the limits of restitution and liability.
Therefore;
Reciprocity places limits on our behavior in the form of:
Obligations to others
… Rights in the form of obligations from others
… … And Inalienations for ourselves and others.
Therefore;
As such, it is the responsibility of those who are able and willing to exchange the burden of insuring self derermination, by carrying the burden of responsibility and accountability for creating and maintaining reciprocity by those who are less able and willinng to do so.
Therefore;
It is only the form and magnitude of training, education, advice, persuasion, coercion, and punishment that those who are responsible and accountable for creating and maintaining reciprocity duty must apply, and submission to and duty of submission of those who require it, until able to equally share that responsibility and accountability – or to abandon one’s sovereignty as a consequence, thus limiting ones actions to what he or she is capable of, without imposing costs upon others.
Therefore;
Mankind as evolved a range of institutions both normative, informal, and formal for the purposes of training, educating, advising, persuading, coercing, and punishing humans to their maximum ability to bear responsibility and accountability and therefore share the labor, and reduce the cost, of producing non aggression, non-conflict, and cooperation by reciprocal insurance of self determination by sovereignty in demonstrated interest and reciprocity in display word and deed.
To achieve the goal of duty to steward the production of self determination by self determined means, by sovereignty and reciprocity, there by domesticating humans, we have only three possible means of influence, persuasion, coercion and punishment:
- Moral: Inclusion or Exclusion
- Exchange: Reumuneration or Boycott
- Force: Defense or Force
All influence is reducible to one or more (in combination) of these means of influence.
And
Therefore we developed Institutions of Cultural Production:
|Institutions|: Means Organization > Formalization > Scale
Moral: (social, normative, threat of exclusion)
… Scales to: Norms, Traditions, Religion, Religious Law
Exchanges: (commercial, material, threat of deprivation)
… Scales to: Norms, Weights and measures, Economy, Contract Law
Force: (police, military, state, threat of harm)
… Scales to: Norms, Courts, States, Militaries, Rule(Legislative Law)
And
Therefore;
We require a spectrum of means of communication and Intergeneral transfer: a system of weigths and measures that can scale up and down with the ability and willingness of the people in the polity.
|Precision|: Wisdom(obedience) > Advice(Choice) > Knowledge(Decidability)
Wisdom and Obedience: Fairy Tale, Fable, Parable, Myth, Theology
… Advice and Choice: Literature, Biography, History, Phililosophy
… … Knowledge and Decidability: Logics, Sciences, Economics, Law
And
A Sequence of Skills:
|Skills|: Training > Fitness > Cooperation > Education > Skills > Civil Service
- Training (Inclusion): Hygiene, Dress, Manners, Ethics, Morals, Traditions
- Fitness (Compatibility): physical fitness(physical), mindfulness(emotional), Environmental (basic life skills)
- Cooperation(Acquisition): Competition, Teamwork, Friendship, Mating, and Family (social)
- Education(Survival): the logic and grammars of measurement: reading and writing, arithmetic and mathematics, and the basics of geography and history, the basics of the physical sciences, the cooperative sciences including economics finance law and government – necessary for behavioral compatibility and commensurability with others in the polity. (economic commensurability)
- Skills (Depth of your value add): Training in one or more means of self determined means – productivity by the service of the self through the service of others. (Economic Self Determination)
- Civil Service: Parenting > Stewarding (the commons) > Management(organizing) > Governing (choice) > Ruling (conflict) ?
And
A Sequence of Institutions of Education:
|Education|: Family > Religion > Education > Academy > Military > Apprenticeship > Experience > Administration > Judgment
4.4 – The Causal Relationship between Inalienabilities, Obligations, and Rights.
Inalienables (duties) are the required to satisfy the demands of the exchange of insurance of self determination, sovereignty, and reciprocity. Obligations arise as necessary service to fulfill that duty. And Rights are the forbearances and affordances that result from the performance of those duties, by those who perform perform those obligatory duties, satisfying inalienability of those duties, and the priority of those duties in continous production of self determination by reciprocal insurance of sovereignty and reciprocity.
The Returns on Cooperation:
Require Suppression of Conflict, retaliation, and retaliation cycles
… Require Self Determination by self determined means
… … Require Sovereignty in demonstrated interests
… … … Require Reciprocity in display word and deed
Where self determination by soverignty and reciprocity requires;
Inalienabilities
… Obligations
… … Rights
And
Whereas we vary in ability and willingness for responsibility, accountability, and the scope of accountability;
Infant > Animal (Dependent, Unresponsible )
… Child > Slave (Dependent, Non-responsible and Unaccountable )
… … Youth > Serf (Dependent, Responsible but Unaccountable)
… … … Adult > Commoner > National (Responsible and accountable for self, commonsm “Single Men and Women”, Social)
… … … … Parent > (Responsible and Accountable for Self, and Family)
… … … … … … Visitor > Resident (Temporary or Contingent membership, responsible and Accountable to do no harm to private and common, having via negativa court defense of natural ROIs, no via positiva political ROIs.)
… … … … … … Mother > Civilian (dependent for defense, but responsible for offspring)
… … … … … … Freeman > Civilian (Responsible and Accountable for Defense and Maintenance of the commons.)
… … … … … Citizen (Responsible and Accountable for the Commons Creation, Holding Freemen Accountable, Political(responsible for many)
… … … … … … Headman > Sovereign (Responsible and Accountable for the Polity, Holding Citizens Accountable. Geopolitical (military and courts))
Where;
Originally a Freeman(Adult) was insured by himself, and his family, and had access to the courts domestically. A National was additionally insured by the State anywhere in the world. A Citizen additionally held duties for administration of the polity. And a Sovereign held the additional rsponsibility of a judge of last resort – providing decidability when necessary. So we have conflated freeman, national, citizen, and sovereign by universal enfranchisement, without maintaining demonstrated sufficiency of willingness and ability to produce equality of responsibility and accountability.
Therefore;
Either we are capable of entering into the exchange or not, if not and we are a dependent, then our participation in the benefits of the polity are predicated on our submission to reciprocity within the limits of your ability, imposed by those who have demonstrated ability and willingness to enter into the exchange of self determination by sovereignty and reciprocity.
Therefore;
The challenge we face is the sufficient enumeration of causality, obligations, rights, and inalienations, that we can determine whether we are correctly or incorrectly domesticating one another into the maximum responsibility and accountability that we are cabable of, even if we may not be willing to.
Therefore;
We must enumerate a sufficient scope of obligations, rights, and inalienations that such determination and decidability is possible across the spectrum of human ability, whether dependent, freeman, national, citizen, or sovereign.
And we achieve that through construction from first principles of self determination below.
4.5 – All fundamental rights and obligations are strictly constructed from self-determination by sovereignty and reciprocity and inviolable and as such closed to modification or interpretation.
All rights cover the range of, are organized by, and stated by display, word, and deed.
|Action|: Display > Word > Deed
Therefore;
- All rights require mutual (mirrored) reciprocity and so include mirrored obligations.
- All rights and obligations require universal obligation to defend rights and enforce obligations of others.
- All rights are inalienable, meaning that not only can you not surrender them (avoid obligations), but that any attempt by display word or deed to undermine them is a criminal act in and of itself.
This is the most rigorous definition of rights in human history. As such there are no positive fundamental rights, only negative, and all positive rights are contractual and conditional on possibility of fulfillment. This ends the ‘rights-labeling’ game by defining rights strictly.
Enumerating Natural, Necessary, Fundamental, Rights
4.6 – Enumerate All Fundamental, Natural Rights and Corresponding Obligations and Inalienations:
PROBLEM STATEMENT:
The constitution includes the bill of rights. Founders debate whether enumeration of those rights was necessary because there was risk in enumerating them and engaging in risk of insufficiently doing so, versus the risk that subsequent generations would do worse. The reason being that they did not articulate Blackstone’s foundations of the natural common concurrent law in the constitution, assuming it was unnecessary. So they only partly solved the problem of preventing abuse of natural rights under the natural law, by enumeerating those they could, but failing to enumerate others, or enumerating them poorly as in the rights to free speech and religion, which are two of the weaknesses through which dissent and undermining has occurred.
So we have strictly, operationally, constructed the spectrum of natural rights and obligations to limit opportunities for the abuse of natural rigts and obligations given variations in the competency and bias of individuals who seek to produce political persuasion, argument, and decisions.
THEREFORE:
Disambiguate and enumerate all fundamental rights, obligations, and inalienations (ROI) under Natural Law. ROI can be disambiguated into the conditions under which people act as individuals and groups, as organizations, or as public institutions:
- Personal (private)
- Organizational (common)
- Institutional (public).
Our ROIs remain the same whether we refer to individuals, organizations of individuals, or institutions consisting of individuals: reciprocal insurance of the self determination by self determined means of all insured by sovereignty in demonstrated interests, and reciprocity in display word and deed.
THEREFORE:
GIVEN
… The Necessity of Solving the Preference for Survival;
AND
… The scarcity of time, and scarcity of resources to satisfy needs, preferences, and wants;
AND
… The necessity of cooperation across our lifetimes, and the irreplacable disproportionate returns on cooperation;
AND
… The persistent choice of predation, parasitism and conflict versus cooperation, versus avoidance and boycott;
REQUIRES
… The prevention of incentive for non-cooperation, retaliation, and retaliation cycles
REQUIRES
… Reciprocal Guarranty of Insurance of:
… … Self Determination By Self Determined Means
REQUIRES
… Rights, Obligations, and Inalienations of:
… … Minimum knowledge of this law, capacity of argument supporting it, parley (parliament) to codify it, parleys (houses) to produce commons under it, individual self defense of it, discipline of those failing it, court resolving it, judicial duel as escalation of it, posse as escalation of it, and force of arms (militia) to insure all of the above.
(Note: duel: a sovereign can deny the legitimacy of the court in the matter and thus resort to duel if both sides agree (judicially sanctioned duel), or abandon the contract for insurance, becoming an outlaw, thus enabling retaliation against one by the individual or the group. ergo criminals have the protection of the insurers the court and the law. Outlaws rescind their insurance of others and their insurance of the outlaw. Therefore sovereignty cannot exist without the choice to abandon insurance by the group.)
WHERE The Possibility of:
… Self Determination by Self Determined Means
Requires
… Sovereignty (Before) Demonstrated interests
That Requires
… knowledge of the spectrum of demonstrated interests.
Consisting of:
… The Existential (Natural),
… The Obtained (Direct),
… And The Common (Indirect).
AND the possibilty of:
… Sovereignty in Demonstrated interests
Requires:
… Reciprocity (During) in:
… … Deed, Words (truth, testimony), and Display
AND the Possibility of:
… Reciprocity in Deed and Display
Requires
… Knowledge of the criteria for reciprocity
Requring:
… the terms of Reciprocity:
… … Productive, Exhaustively Informed truthful speech, and Warrantied, Voluntary transfer of demonstrated interests, free of imposition of costs upon the demonstrated interests of others.
AND WHERE the possibility of:
… Exhaustively informed truthful speech
Requires
… Reciprocal Testimonial Truth
Requires:
… Knowledge of truthful speech
Requires:
… The Criteria for truthful speech:
Requires the complete criteria for the testifiability of speech:
… Realism, Naturalism, Identity, Internal Consistency, Operational Possibiilty, External Correspondence, Bounded Rational Choice, Reciprocal Bounded Rational Choice, with Causal Parsimony, and Full Accounting, within Stated Limits, and within the limits of Liability and Restitutability.
Requires:
… Institutions of Insurance of Cooperative Assistance, Dispute Prevention, and Dispute Resolution
Consisting of:
… Weights and Measures
Consisting of:
… Habits, Manners, Norms, Traditions, Values, Ethics, Morals, Quantitative and qualitative Weights and Measures, certifications(trademarks), insurance (regulation, licenses), codes, legislation, laws, and constitutions.
AND Requring
… Institutions of Cooperative Assistance
… … Consisting of:
… … … freedom of truthful reciprocal speech, freedom of association, freedom of contract, contracts, regulation of weights and measures, money, banks, credit, treasuries, codes, regulations, parliaments, legislation for the production of private and common.
AND Consisting of:
… Prohibitons on the incentive to dispute, retaliate, engage in cycles of retaliation, cause repetition, cause imitation, cause defection, or war.
AND Requiring:
… Institutions of Dispute Resolution
… … Consisting of:
… … … Courts, Parliaments, (Monarchies), Citizens, Sheriffs, Militia, and Militaries
THEREFORE
(…)
OUTLINE
- 0. Sovereignty
- 1. Reciprocal Insurance of Sovereignty
- 1.1 – Before Inclusion in the insured
- 1.2 – Inclusion into the insured
- 1.3 – During Inclusion in the insured
- 1.3.1 – Insurance
- 1.3.2 – Reciprocity
- 1.3.3 – Truth
- I.3.3.1 – Decidability
- 1.3.3.2 – Testifiability
- 1.3.3.3 – Epistemology
- 1.3.3.4 – Truth
- 1.3.4 – Irreciprocity
- 1.3.4.1 – Deceptions
- 1.3.4.2 – Crimes
- 1.3.4.3 – Seditions
- 1.3.4.4 – Treasons
- 1.3.5 – Due Process
- Negative Common Law
- Positive Concurrent Legislation (Contractural ROIs (legislative, regulatory, command)
- 1.3.6 – Exclusion
- 1.4 – After Inclusion in the insured
[END]
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