“The Production of Markets of Cooperation”
RULE OF LAW BY NATURAL LAW
Constitutions for all forms of government, and their dependent Acts and Laws, can be constructed from the test of reciprocity if such constitutions are constructed truthfully, operationally, and completely – because contracts for rights and obligations may produce different sets of trades of rights and obligations that cumulative effect may be sufficiently agreeable that the incentive is insufficient to oppose it.
Inclusion and Exclusion (oath):
( … )
Limits:
( … ) ability, voluntary, oath, charity/crisis, war
On Via Negativa and Via Positiva in Law
( … ) Via Positiva, meaning “By the Positive: addition, prescription, justification”
( … ) Via Negativa, meaning “By the Negative: removal, prohibition (proscription), falsification”
Reciprocity provides a via-negativa logic of decidability that prohibits that which is harmful or false, and leaving open the option of anything that is not harmful and not false.
On Ethics, Morality, Law (define) (spectrum)
( … )
Consequences: Equilibrium (Market) of Genetic Interests:
Rule of Law by Natural Law Creates Adversarial Competition, Maintaining an Equilibrium, Between Reproductive Interests of the Martial (dominant male), Commercial (ascendant male), and Social (feminine familial) such that none is parasitic upon the others, satisfying the demand for Oneness in War, Markets in Cooperation, Plurality in Family.
On Necessity of Transactional Natural Law
( … )
On Necessity of Strict Construction of Acts from First Principles of Natural Law
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Consequences: Continuous Recursive Adaptation to Natural Law by Incremental Suppression of Irreciprocity that Violates Natural Law
( … )
Sovereignty Under Law
Where;
Rule of Law by Reciprocity (Natural Law – Non-Imposition, the Law of Polities for Sovereigns, Wherein the Law is Sovereign.
Rule of Law by the Natural Law of Reciprocity (Logical), or “concrete” definition that must preserve 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 Universal Juridical Decidability; Creates Law that is a Statement of FACT; The Natural Law is Sovereign and Immutable, and therefore all members of the polity are individually and collectively sovereign.
And Where;
Man Invents Pretenses of Law to Evade the Natural Law:
1. Rule By Law (By Conformity to Rights, The Law of Commerce for Freemen, Wherein Enumerated Rights Are Sovereign, Not Law.
Rule by Law: a “Substantive” (Skeptical) or “thick” definition. Rule by 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.
2. Rule By Legislation (by Agreement between a Group, The Law of Society for Serfs, Wherein the Legislative Institution is Sovereign, Not Rights or Law.
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 a Formalist (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.
3. Rule by Man, By Arbitrary Discretion by Individuals. The Law of Feud and Manor for Slaves, Wherein Administrative Discretion is Sovereign, not Legislature, Rights, or Law
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: Self Determination by Sovereignty and 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. )
Positiva (Prescriptive, Demand) and Negativa(Proscriptive, Prohibition) Law
Differences between The Common Anglo Empirical Market Law Between Equals vs Continental Bureaucratic Law Between Rulers and Subjects
Where;
( … ) a relationship between men, a relationship between men and the state.
( … )
( … ) The Common Law : The Via-Negativa law of Sovereigns
( … ) The Napoleonic Continental Law: The Via-Positiva and Via Negativa Law of Subjects
Therefore;
( … ) The Napoleonic, Continental Law, is a violation of the Natural Law of the European peoples.
( … ) The Natural Law of Reciprocity, evolved under the Traditional, Common, Empirical, Law of Reciprocity in Tort is the only Jurisprudence and Law that may rule the European Peoples.
Categories of Natural Law
Where;
Man demonstrates these methods of demand for Rules:
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- Natural Law, Evolution, Persistence, Strategy, Rights, and Obligations
- Contract (agreement between parties) under the one law of reciprocity.
- Constitution (agreement on organization and operation of the polity)
- Findings of Law, Findings of the Court meaning Judge Discovered Law (discovered by the court)
- Acts of the Commons ( Rules produced by a governing body using rules of law, and given force of law )
- Acts of Regulation (Rules of Prior Constraint given force of law by the insurer of last resort)
- Acts of Command (Rules given force of law, produced by one or more rulers and governors regardless of rules of law, in times of emergency, crisis, or war, and where … debt is and credits over time, loss of opportunity)
The Commons of Rule of Law
(natural law, rights, and obligatinos)
Contracts of the Commons Under Rule of Law
(limits)
What are the necessary costs of maintaining the polity? (necessary taxation)
What are beneficial returns on the commons (commons)? (population competitive application of taxation)
What are beneficial returns on investment? (economy) (competitive application of borrowings and returns)
What are preferential subsidies (care)? (insurance) (discretionary application of discretionary contributions)
What are rents and corruptions (thefts)? (prohibited application of taxation, borrowing, returns, or discretion)
Common Government by Rule of Law
…. Professional Military for Defense of Sovereignty
… … Militia of all Able-Bodied Men
… … … Sheriffs of the Commons
… … … … Professional Empirical Independent Judiciary
… … … … … Monarchy as Judge of Last Resort
… … … … Government over the Production of Commons
… … … Citizenry participating in government
… … People non participating in government
… Wards of the people, citizens, and government.
Constitution of The Natural Laws
On Reciprocity
Where;
( … ) ( … Test of each step of reciprocity checklist … )
( … ) Voluntary Transfer
( … ) Demonstrated Interest
( … ) Productive
( … ) Fully (Exhaustively) informed
( … ) Free of Negative Externality
( … ) Warrantied, Due diligence
( … ) Truth
( … ) Limits
On Construction of Natural Law:
Whereas;
( … )
Therefore;
All acts shall conform to the following:
1. Nomocratic: All Acts shall descend from, the demand for, the premise of, the logical necessity of, the Natural law of Self Determination by Sovereignty and Reciprocity.
2. Algorithmic: All Acts shall be strictly constructed from a logical, sequential, test of reciprocity.
3. Isonomic: All Acts shall be general rules, universally applicable to all or all within a Class, and specific Rules not applicable to all within a Class are prohibited.
( Counsel: there is a long history of prohibiting legislation in the service of, or in the constraint of, individuals, special intersets, and intrest groups.)
6. Internally consistent: stare decisis
5. Contingent:
4. Complete:
7. Limited: And that all Acts must state the purpose, scope, and limits of the demands they impose such that the act cannot be expanded through political, prosecutorial, judicial or other activism. And that such expansions shall be attributable to the jurist that issues them.
8. Understandable
9. Adherable
8. Enforcible
8. Durable (except in court)
9. Perishable: sunset
10. Warrantied and Warrantable, and within the limits of restitution
11. Reversible and Restitutable
And;
All Acts shall follow this form of construction:
– We … (who)
– On Behalf of (Whom)
– Before The Court of ( … Court with Jurisdiction )
– With These Definitions (Definitions – Types)
– With These References (Imports, Functions)
– Whereas We Have Observed … (causes definition of state )
actor, incentive, action, upon noun, change in state, results, externalities, violation
– And Whereas We Desire ( Effects … definition of desired state)
– Therefore We propose …. (series of actions to change state)
– Such that We Produce (direct and external consequences)
– And We Argue in Our Defense …. (how the desired state, the propositions, do not violate the one law of reciprocity.)
– Where Our Argument Depends Upon … (prior Law and Acts)
– And success or failure measured by … (tests)
– And would be reversed if (prior laws or acts were falsified, or conditions had changed),
– And otherwise shall expire (date of expiration),
– And we warranty this argument by ( skin in the game ).
– Signed (by submitted)
…. – Juried (by Peers)
…. …. – Adjudicated. (by Court)
…. …. …. – Ascendened (by Judge of Last Resort)
…. …. …. …. -Recorded. (by Secretary of the Law)
On Construction by Function
( … ) (Template)
On Construction by Vocabulary and Grammar
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Content Of The Natural Law
Those Under Defense of the Law (Define)
( … ) (choice, ward, visitors) (oath, evidence, cost)
Those Outside the Law “Outlaw” (define)
( … )
Obligations (define)
( … ) Definitions: …
Rights (define)
( … ) Definitions:
Inalienability (define)
( … ) Definitions:
Sovereignty, Liberty, Freedom, Serfdom, Slavery, and Imprisonment
( … )
Demonstrated interests by Possession, Property, Right, and Title
Where;
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- Opportunity: any interest that Man my wish to acquire through 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 enforces rights and obligations in matters of disputes.
- Title …..
Insurance of Demonstrated Interests
The Uninsured:
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
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- Findings of Law proper (discovered),
- Legislation (negotiated),
- Regulation (issued)
- Command (commanded)
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Enforceable Rights: Enforceable Rights exist only when
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- (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.
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The Institutional Privileges
( … )
Artificial Right (or Political Privilege)
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- 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).
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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)
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- Regulation (specific rules of compliance enforcing general objectives of policy)
- Infraction (insurer, exporting of risk)
- Conduct (mis-de-mean’-or, violations of conduct that create or export risk)
- Freeriding (failures of duty and due diligence in all their forms, privatization of commons, socialization of losses.)
- Rent-Seeking,
- Hazard (drugs, weapons, explosives, bioweapons, misinformation, untruths.)
- Parasitism (Fraud, Conspiracy, blackmail), False Promise and Baiting into Hazard
- 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)
- Sedition
- Treason (War)
Where Acting as:
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- individuals,
- individuals in the interest of groups,
- groups
And Where Acting or Failing to Act By:
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- failure of due diligence
- conspiracies of common interest
- intent
- conspiracies of intent
And Where Severity By :
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- Legislative, Regulatory, or Procedural Violation
- Failure of Due Diligence
- Disruption of the Peace
- Betrayal of Trust (white collar)
- Non-Violent (property)
- Violent (property)
- Murder (Life, Body, Mind))
- Betrayal of the Public Trust (political)
- Sedition or Treason
And;
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- Compensatory (a fine up to 1/5 of the Median Household income)
- 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)
- Sedition or Treason
And Where Law Demands;
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- Restitution regardless of intent
- Punishment for intent, Intent on behalf of the interest of; conspiracy of intent, conspiracy of common interest, or failure of due diligence.
- Prevention of Imitation
- Insurance of Others
From;
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- Individuals,
- Individuals or groups in the interest of groups,
- Groups
Closing (Summary)
There is only one of rule of law under which none 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).
