Article II.III.IV: The Process of Exclusion

PROBLEM STATEMENT

Whereas;

The process of gaining membership in a polity requires accepting responsibility, accountability, and liability for the rights, obligations and inalienations required of members of that polity, conversely, exit from or exclusion from a polity requires voluntarily or involuntarily divesting of those rights, obligations, and inalienations both by members of the polity, and those who have exited themselves or been excluded by the polity.

The common law doctrine of perpetual allegiance denied an individual the right to renounce obligations to his sovereign. They included military service, primacy of loyalty, payment of taxes, and obedience to the law.  In return the sovereign was obligated to provide protection, justice (courts), abide by the laws himself, and represent the individual (or group) in matters of foreign conflilcts. These bonds were, in principle, to be both singular and immutable.

While the personal relationship between the subject and the sovereign has been replaced by the relationship between the impersonal citizen and the administrative state, these principles have remained largely the same, other than the increased migration of people between polities has increased and the utility of that migration in the globalized economy – despite the accompanying negative externalities.

Because of the increase in the ability to travel in the age of mass transportation,  and concerns over the cost of stateless persons, especially large groups, the majority of Governments have signed treaties to prevent stateless persons and groups, either by Denaturalization of Renunciation. As such the policy of requiring the denaturalized to hold prior membership in a polity, or the polity of their birth, or that of their ancestors, or of the renounced to obtain membership in a new polity prior to the fulfillment of their renunciation, is and shall forever consist of a treaty obligation and not a natural right and obligation. As such in the absence of such treaties the common law prevails.

THEREFORE, GIVEN;

  • The definition of membership in a polity: Article II.I Polities Section Membership In A Polity( … link);
  • Membership in a polity conveys the Right, Obligation, and Inalienability of Due Process as the result of the Right, Obligation, and Inalienability of Due Diligence in the service of ensuring the preservation of Inalienability of Sovereignty and Reciprocity for all members.
  • Exit refers to the process of ending membership in a polity.
  • Renunciation refers to the voluntary process of exiting a polity.
  • Denaturalization refers to the involuntary process of exiting a polity.

AND THEREFORE;

  • Due process is required for both entry and exit, and in the case of Exit, regardless of whether the Exit is voluntary or not.

AND WHEREAS ;

  1. Individuals and groups may desire to voluntarily exit.
  2. The polity may desire to involuntarily exit individuals and groups regardless of the desire of the individuals and groups.
  3. The polity may desire to involuntarily retain individuals and groups regardless of the desire of the individuals and groups to exit

|Exit|: Voluntary Exit > Involuntary Exit > Involuntary Retention

AND WHEREAS;
Individuals and groups may choose to voluntarily exit, or the polity may voluntarily exclude individuals and groups by the following methods:

1. Regarding Voluntary Exit:

Reasons for Voluntary Exit

    • Because a different polity better serves one’s loyalties and abstract interests. (Political)
    • Because a different polity offers services that better serve one’s interests. (Redistributive)
    • Because a different polity provides lower costs of status signals, inclusivity, and social and reproductive opportunities. (Social)
    • Because a different polity better provides opportunities that serve one’s material interests. (Economic)
    • Because a different polity provides a better environment or climate to serve one’s physical interests. (Physical)
    • Because a different polity will be less sensitive to one’s reputation, whether good or bad. (Psychological)

Methods of Voluntary Exit

    • Leaving (Informal): The voluntary or involuntary act of an individual or group leaving a particular social, economic, and political order, resulting in the cessation of associated roles, responsibilities, and benefits within that system.
    • Renunciation (Formal): The legal process through which an individual’s citizenship is revoked by a state, effectively stripping the individual of the rights, privileges, and legal status conferred by citizenship in that nation.

2. Regarding Involuntary Exclusion:

WHEREAS;

Reasons for Excluding individuals and groups:

    • Imposing repeated costs on the demonstrated interests of others in the polity.

Means of Imposition of those costs:

    • Failure of Full Integration
    • Failures of Due Diligence (Negligence)
    • Externalizing costs to other people and polities
    • Failures of Civil Responsibilities (Duties)
    • Serial Offenses to the Normative (civil)
    • Serial Offenses to the Regulatory (law)
    • Serial Violations of the Trust: Frauds, False Promises, Baitings into Hazard
    • Serial Torts
    • Serial Crimes
    • (abuses of the environment of the commons (sacred))
    • Crimes against the Sacred (cultural civilizational capital)
    • Corruption public or private
    • (Abuses of Power (top down))
    • Sedition or Undermining (bottom up)
    • Treason

Methods of Involuntary Exclusion

    • Expulsion: The forced removal or ejection of an individual or group from a polity, often enacted by governmental authorities, leading to the loss of rights, privileges, and legal status within that polity.
    • Devolution: The delegation of powers from a central government to regional or local governments, entailing a redistribution of decision-making authority and administrative responsibilities while maintaining the sovereignty of the central state.
    • Secession: The formal withdrawal of a region and its population from a larger political entity, with the aspiration to create an independent state or join another political entity, fundamentally altering the political and territorial composition of the original entity.

Involuntarily Excluding Individuals

( … )

    • Sanctions: Deprivation of rights as punishment for harm to the polity.
    • Imprisonment: imprisonment and internment restrict physical liberty and mobility by confining people to a particular place, for fixed terms, to rehabilitate, contain security threats, or punish.
    • Internment: Removal from the polity and holding on a large scale in conditions of minimal care, minimal shelter, minimal, food, and minimal supervision,
    • Attainder: loss of property, annulment of marriage, inability to inherit or pass on inheritance, loss of voting rights and access to courts.
    • Outlawry: Declaring an individual outside the legal protections of the state and stripping them of all privileges and protections. Stripped of all property and rights.  Allowed the outlaw to be captured or killed with impunity. Applied to accused criminals evading capture or refusing to appear in court. Lasted either indefinitely until brought into court and matters settled in court. Upon settlement allows restoration of legal protections if granted by the court.
    • Civil death – Result of conviction for a felony or treason, enacted as punishment by legislature. Extinguished all legal rights and capacities of the convicted person. Treated the convicted as dead in the eyes of the civil law. Marriage annulled, property transferred, names erased.
      Lasted either indefinitely or for a term of years as part of sentencing.
      More comprehensive and permanent loss of legal personhood and rights compared to outlawry.
    • Expulsion: Forcible removal from the polity and its territories and withrawal of all rights, and prohibition on entry or access.
    • Death: Termination of one’s life.

Involuntarily Excluding Individuals and Groups

WHEREAS;

    • Groups consist of individuals.
    • Groups whether of Informal and Formal Organization deliver benefits and costs to all members. With any group benefit comes group responsibility, accountability, and liability to members of the polity not members of the group.
    • Therefore the Group, and all members of the group, are responsible and liable for regulation of members of the group in any behavior or it’s restults or its externalities as a consequence of membership in that group, or on behalf of the group, or that delivers a utility of benefit to the group.
    • Some group memberships are exitable voluntarily by breaking contact and remaining free of contact, such as informal and formal organizations, and some group memberships such as genetic or cultural can only be exited by long term demonstrated behavior of disassociation from the group.
  • THEREFORE;
    1. Public Service (Propaganda): Social and Economic Coercion:  by Discrimination and Ostracization. Positive Propaganda can be used to deprive the offenders of victims of their malfeasance and as a precursor to heavier prosecution.
      This public service produces:

      • Accountability
        Promoting a sense of accountability where responsibility has been ignored, evaded, or abused.
      • Transparent Communication.
        Transparent communication which involves open, clear, and honest dissemination of information.
    2. Discrimination, Ostracization, Excommunication: Initial stages often involve legal and social discrimination against a particular group. This can include laws that restrict rights or exclude certain groups from aspects of public life.
    3. Confiscation of Property and Economic Marginalization: Seizing assets and property and restricting employment or economic opportunities to weaken the targeted group economically.
    4. Repression and Purges: Purges involve the removal of individuals who are seen as threats to the people, culture, government or state. This can include arrests, imprisonment, and execution.
    5. Segregation, Ghettoization, Isolation: Forced relocation to specific areas, such as ghettos, or restrictions on movement. The aim is often to isolate the targeted group from the polity, and limit interactions with the polity.
    6. Imprisonment, Internment, Encampment, or Reservations: Forced relocation to specific areas. The purpose is to fully separate, isolate, contain and prohibit interactions with the polity by individuals and groups that pose a threat to the polity. Used for mass detention of civilian populations, without trials or due process. May be based on identity or association rather than individual actions.
      Forced Deportation and Exile: Individuals or groups may be forcibly removed from their homes, denaturalized, and sent to distant locations.
    7. Massacres and Ethnic Cleansing: Large-scale killings aimed at removing a population from a certain area. 
    8. Ideocide, Religiocide, Ethnocide, Genocide: The most extreme escalation is genocide, defined as acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. 

Counsel: “People should want governors and rulers who are honest enough to threaten those who demonstrate hostilities to the polity, giving them the opportunity to change their behavior, rather than conduct reprisals whether immediately or incrementally, without warning and without transparency. And to criminalize that which is conducted without due process, transparency, and warning.”

3. Prohibiting Voluntary Exit

Prohibition on individual or Exit and Renunciation:

    • To punish those who have committed crimes and to maintain control over their behavior.
    • Preventing escape of capital produced in the economy if and only if the legal expectation exists for profits generated in the economy to remain in the economy for use by the economy – thus not necessarily preventing exit, but preventing exit of such capital;
    • To retain or prevent the spread of special skills, knowledge, or secrets.
    • To prevent risk to allies or partners;
    • To prevent risk of service to, collaboration with or alliance with competitors, hostiles, or enemies;

Prohibition on organizations and groups from Devolution or Secession:

    • Violation of the polity’s priority of preserving and persisting the emergent and incremental recursion of the production of sovereignty for members.
    • Failure to demonstrate self-determination by self-determined means is imposed upon the group or organization that prohibits their pursuit of those means – meaning they are subjecting others to a cost or risk of change without transparent reason. ;
    • The Privatization of (Capture of) resources that may deprive others in the Commons of the utility of those resources;
    • Potential to certain negative consequences of interrupting existing economic interdependence;
    • Attempt to escape from debt, whether to the Private or Common creditors;
    • Potential to externalize a risk to other States, countries, and peoples;
    • Potential to produce a vulnerability in the population’s ability to maintain sovereignty.
    • Attempt to organize resources, people, the economy, government, or ideas against the remaining peoples and their commons’;
    • Attempt to, possibility of, alliance with competitors or hostiles – especially territorial access for military operations.
    • Potential grand strategic risk to the polity and their friends, allies, and the vulnerable.

AND WHEREAS;

Consequences of Exiting a Polity

There exist consequences for exiting a polity. ( … ) Fix

Where the consequences of Exiting a polity result in the loss of citizenship rights, legal protections, and social benefits afforded by that polity, its institutions, markets, resources, territory, and people, including:

  • Insurance by The Insurer of Last Resort: Loss of access to its institutions as insurers of last resort against both other polities and nature.
  • Political Rights, Obligations, and Inalienations: Loss of all rights associated with citizenship, including the right to vote, hold public office, and receive diplomatic protection.
  • Legal Protections and Status: Deportation and denaturalization can lead to a loss of legal protections afforded to citizens and lawful residents, such as due process rights or protection from extradition.
  • Access to Benefits (Social Services): Loss of access to government-provided social services such as retirement, healthcare, welfare benefits, and public education.
  • Access to the Economy: Loss of rights to engage in transactions with members of the polity and their organizations.
  • Access to Employment: Loss of the right to work legally in the country.
  • Rights to Property and Financial Assets: Depending on the country’s laws, the individual might lose property rights or face difficulties in accessing or transferring financial assets.
  • Family and Social Ties: Deportation often results in separation from family members, particularly if they remain in the original country. This can have profound personal and emotional impacts.
  • Markets for Cooperation: The immediate loss of access to the hierarchy of markets for cooperation.
  • Access to Residency: The most immediate effect is the loss of the right to reside in the country from which they are deported.
  • Access to Territories and Possessions:  Loss of the right to enter the territory possession or other areas of control of the Polity.
  • Freedom to Travel: Deportation can result in restrictions on travel, especially in returning to the polity or traveling to other polities.
  • Statelessness: ( … )

AND WHEREAS;

Both exit and prohibition exit require Due Process.

1. Voluntary Exit:

  • The individual or group may leave the territorial control of the polity for any of the following reasons:
    • Travel and Return
    • Leave for an uncertain extended period
    • Leave permanently without Voluntarily Denaturalizing
    • Leave and Voluntarily Renounce (Exit)
  • The criteria for voluntary exit (Denaturlization):
    • ( … ) Voluntary Exit requires Renunciation of the Insurance by the Polity. Therefore, to Voluntarily Exit the Individual or Group must Renounce Membership in the Polity.
  • The Due Process of Renunciation and Voluntarily Exit:
    • within an institution of immigration)
    • ( … ) (within a court,

2. Involuntary Exclusion of Those Who Leave But Do Not Exit (Denaturalization):

  • Due Cause: There are three criteria to that provide decidabiilty for the involuntary exclusion of those who have left but have not exited:
    1. Our first question is loyalty:
      • Define Loyalty ( … ) and compare with Devotion ( … ).
      • Given the Hierarchy of Insurers:
        • |Hierarchy of Insurers|: Personal: {Family > Kin > Kith}  >  Social: {Population > Culture(Religion)} > Political: {State}.
      • If we are insuring you, then you must not only grant primacy of loyalty to us, but you must demonstrate loyalty to us in display word and deed.
      • Disloyalty is Due Retaliation (Recirpocity) against Disloyalty.” “We are retaliating against disloyalty by the state (’68 immigration, and ending of equal treatment by grant of privileges unearned, and institutionalization of destruction of our inherited commons.)
        • Temporality (unaccountability of politicians and bureaucrats for the legislation, regulation, commands, and speech they produce) encourages the political utility of devotion in time but violates the obligation of social, economic, and political loyalty over time – and as such is a crime.”
      • If we are insuring you while you are insured by and under the domain of someone else, then this requires your primacy of loyalty to us. Your primacy of loyalty cannot be conditional by being both locally and remotely insured. (what we are trying to prevent here is the jewish problem.) Therefore you commit a treasonous act by granting primacy of loyalty to a secondary insurer(country) without having denaturalized from that insurer(country).
      • Likewise you can have primary loyalty to another insurer(country) without being insured by it (explicitly).
      • (Net: we’re forcing the individual to be honest about the priority of his loyalties.) Question: can you ever truly give up your primary loyalty to your ethnic group, it’s religion, and it’s state?
    2. The second question is conflict between insurers
      • Q: is there a problem of having multiple insurers? Well, when talk of insurers this presumes that they are via positiva insuring us. Whereas in the case of states they are also sinsuring otehrs by their their local social and constitutional terms. So it’s one thing to conflict over the insurer’s payment of costs, and oanother when the local terms of insuring others comes into conflict with the remote insuerers terms of insuring the individual.
    3. Our third question is costs. Meaning that one could pay remote taxes for one’s entire life and then return and demand subsidies and redistributions without having paid into the fund. (this would’t be true if our conversion to the Singapore model was in place – it’s the intergenerational redistribution (that’s no longer possible BTW) that insures someone regardless of their contributions. This isn’t true for social security (really) but otherwise it is.
  1. The Criteria for involuntary exit (Denaturlization) for Causes:
    • ( … )
  2. The Due Process for in voluntarily Exit(Denaturalize) for Cause:
    • (…)

3. Involuntary Exclusion of Those Who Haven’t Left or Exited

( … )

  1. Due Cause:
    • ( … )
  2. The Criteria for involuntary Exclusion (Denaturlization, Expulsion and Ostracization) for Due Cause:
    • ( … )
  3. The Due Process for in voluntarily Exclusion (Denaturlization, Expulsion and Ostracization) for Due Cause:
    • (…)

4. Prohibited Leaving or Exit (Denaturalization)

( … )

  1. Due Cause:
    • ( … )
  2. The Criteria for Involuntary Detention (Denaturlization, Expulsion and Ostracization) for Due Cause:
    • ( … )
  3. The Due Process for Involuntarily Detention (Denaturlization, Expulsion and Ostracization) for Due Cause:
    • (…)

( … ) (move this to the right location in his section) A group that insures and houses you invests in you (forbears for you). When you exit you absolve yourself from your debt to them, but they also absolve you of your insurance by them.

( Each group in the scale of insurers invests in you in order to obtain prosocial behaviors (common behavioral capital) from you in order to lower the costs for the group over time. We are seeking an equilibriua of cost and return on those investments – and it is always investment and return. The tendency of all humans is to ignore the externalization of their costs, but but this is a convienence of the family that shares genetic interest, not of the society, economy, or polity.

THEREFORE

Due Process of Exclusion (ostracization) (do that in each section voluntary and involuntary)

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