Constitution: Rule of Law

Entropy, Time and Energy, Action, Knowledge, Choice, Decidability,

( … ) The Formal Laws, The Physical Laws, the Behavioral Laws, and the Evolutionary Laws …

The Formal Laws,

The Physical Laws,

The Behavioral Laws

The Evolutionary Laws

 

The Natural Law of Choice, Cooperation, and Organization

As conscious beings possessed of different degrees of agency, we consciously grasp, unconsciously presume, or biologically intuit, these choices upon which all others depend:

• • The first question is: “Why not commit suicide?” This question is that of Personal philosophy.
  • The second question is: “Why engage in cooperation rather than free-riding, parasitism, and predation?” This question is that of Ethics.
  • The third question – and one that a group must answer – is: “Why engage in cooperation with others, rather than free-riding, parasitism, and predation?” This question is that of Politics.
  • The Fourth Question a group must answer is: “How shall we organize our people with myths, arguments, and rules to survive and prosper in competition from nature and man?” That the question of Group Evolutionary Strategy, 
  • The Fifth Question a group must answer is “What are the limits of tolerance for life, for ethics, for politics, and for group evolutionary strategy, before we resort to suicide, separation, free riding, parasitism, predation, and the condition of victimhood?” That is the Question of Limits.

The answer to all five questions is that persistence of the opportunities of existence, of the returns on cooperation, and of the returns on the production of commons, are preferable to suicide, separation, free-riding, parasitism, predation, and the condition of victimhood. Conversely, resistance, violence, feud, insurrection, revolution, civil war, warfare, and genocide are preferable to submission to undermining of cooperation, hindering of cooperation, parasitism, and predation.

For these reasons we organize into alliances of various kinds, including families, clans, tribes, nations; and territories, villages, cities, and polities; to cooperate in the defense, preservation, persistence, reproduction, satisfaction, and advancement of all.

And in doing so we produce and preserve the returns on cooperation, where those returns result from increasing proximity and number, and dividing our labors, whereby we produce habits and rules of order, consisting of norms, traditions, processes, rights, and obligations, and institutions of preservation and enforcement, by accident of circumstance, dictate, or Choice, resulting in the incremental suppression of free riding, parasitism, and predation, both internal and external to the alliance, thereby defending and advancing demonstrated interests of those within, by creating the requirement for survival and reproduction by the voluntary service of others in the resulting market for goods, services, and information.

The Natural Law of Group Evolutionary Strategies

All peoples rely on a group survival, competitive, an evolutionary strategy. Civilizations are demarcated by differences in geography, economic resources, competitors, genetics, group strategy, institutions, and median population distribution.

They consist of a Group evolutionary (competitive) strategy, a Mythology to explain, justify, and lionize it in Emotions, Wisdom literature to communicate it in Stories, a System of Argument to persuade and defend it by reasoning; and; a set of Institutions to persist it across generations with limited modification. There exist only three possible means of human coercion: Defense/force, remuneration/deprivation, and insurance/ostracization, and elites that master these means of coercion. Therefore human groups develop a primary institution of either religion, state, or law, that anchors their group strategy forever, and the order of the institutions permanently enforces each that came before it, with the last institution the weakest.

Europeans developed Reciprocity in law, then the authority of the state, then harmony in loyalty and philosophy, later replaced by Semitic religion. No others did. China evolved the state and philosophy maintaining natural religion, and never developing law. India evolved Harmonious Religion and little else. Semitia evolved solidarity only in militaristic religion and religious law, and failed at producing states. And Africa had just begun its civilization and demographic domestication phase when colonialism arrived and interrupted it.

Consequently, each civilization produced demographic distributions as a result of their strategy. Europe outpaced the rest in both the Aryan expansion, the Mediterranean expansion, and the Atlantic expansion, but lost 1400 years to the Semitic Dark Ages of Superstition and Ignorance. China avoided the dark ages and still works to keep out the Semitic influences, but stagnated because she failed to produce law and the science and technology and self-organization that results – a lesson she has learned. India was militarily and culturally unconquerable precisely because of her lack of institutions, her size, and her population – but still lost her homeland in the Indus river to Islam. Islam created the dark ages, and while it consumed for a time the sum total of knowledge of the more advanced civilizations it destroyed, it rapidly exhausted its ability to profit from predation on more advanced peoples, returned to its first institution of supernatural fundamentalism, and destroyed itself as it had destroyed every other great civilization of the ancient world, and reduced them to dysgenia, ignorance, poverty, and ashes. Africa cannot be blamed for it is the most challenging disease gradient, territory, climate, and most heterogeneous population, impossible to isolate and speciate, and is almost as insulated from trade as Austronesia and Australia, and therefore deprived of the gains of Eurasian transport, trade, and communication. The Amerindians were one of the most brutal and bloodthirsty people in history – at least the Mesoamericans – and despite their influence South American civilization, while young in itself, remains a Mediterranean Catholic diaspora of mixed Indian, African, North African, and southern european people that while demographically and institutionally challenged are not encumbered by Islam, or Judaism.

The Natural Law As The Group Strategy of The European People

The European Group Evolutionary Strategy consists of maximizing speed, maneuver, innovation, adaptation, by the continuous evolution (farming) of human agency, through reciprocal insurance of self-determination by self determined means, sovereignty and reciprocity regardless of cost, oath regardless of cost and duty and truth-before-face regardless of cost, thereby limiting man to meritocracy, prohibiting authority, leaving only adversarialism as a means of decidability, by means of rule of law for dispute resolution, voting for production of commons, and markets for the production of goods, services, and information; the necessity governing those with less agency, and continuing natural selection by limiting the reproduction of those who lack agency and productivity, producing the civilization with the greatest discovery of, maximization of, adaptation to, and application of the formal, physical, natural, and evolutionary laws of the universe; thereby producing the minimum variation from those laws, and the greatest rate of evolution humanly possible, in the brief window of ecological, climatological, geological, solar, galactic, window of opportunity, transforming the rare occurrence of advanced life in the form of mankind from domesticated animals into the gods we imagined.

European civilization, in three brief periods: the Indo-European (Aryan) expansion of institutionalizing the evolution of human agency and responsibility, the Mediterranean expansion institutionalizing the evolution of reason, and the Atlantic expansion institutionalizing the evolution of technology. And despite the Bronze Age Collapse, The Semitic Supernatural Dark Ages, and the mid 19th and 20th to mid-21st century pseudoscientific attempt to repeat the Semitic Dark age, dragged mankind against its will, out of ignorance, superstition, hard labor, poverty, starvation, disease, suffering, the victimization by the vicissitudes of nature, and the tyranny of men – while they fight desperately to ignore the laws of the universe, and seek, knowingly or unknowingly, to prohibit mankind from passing through the great filter by the advocacy of and expansion of devolution and dysgenia by sophistry and supernatural, philosophical, or pseudoscientific deceit.

The European group strategy is only possible by a militia of every able-bodied individual having demonstrated agency in self, truth, duty, reciprocity, and insurance of others’ self-determination by self-determined means, by exchange of sovereignty and reciprocity, who together seek to expand their numbers through the production of agency in generations to come; wherein all members who do their duty regardless of rank receive respect and those who do not receive the opposite. Creating a market for status that limits consumption and maximizes the production of commons. A market for a natural leadership in the market for capitalizing commons that limit the need for income by the many; a market for consumption of goods, services, and information; a market for marriage and families that in turn produce subsequent generations that continue our rapid evolution. And a market for limiting the harms of those unfit for those markets, whether by accident of birth, circumstance, or choice.

The European Strategy is the most biologically, psychologically, and cognitively costly group strategy. It clearly demarcates classes by granting rights and responsibilities to those who demonstrate that they can wield them reciprocally, thereby demonstrating costly loyalty to one another and the strategy. But as civilizations mature, trade increases, the division of labor increases, institutions emerge, and hierarchies and classes emerge that eliminate the material, emotional, psychological, and cognitive insurance provided by family, clan, tribe, and Tradition.

Our ancient ancestors were slow to adapt their natural religion to newly conquered peoples, new trading partners, and to immigrants into the empire. And the rapid economic freedom for social migration made possible by the resulting wealth left open the door for Semitic religions of disloyalty, undermining, and rebellion: ethnic Judaism and the new poly ethnic Judaism called Christianity of Saul of Tarsus, that provided a loyalty to one another in rebellion against the costly European group strategy and the meritocratic classes that practiced it, its institutions, and its institutions and traditions which had treated them as another domesticated animal that were certain to be ‘left behind’ by the progress of civilization.

But while Jewish Christianity succeeded in displacing loyalty to the martial aristocracy in Rome, and their group strategy and traditions, it failed to achieve the replacement of the Secular State as did the Islamic revolution, and the european nobility captured it as a holding company under primogeniture. But Christianity was Germanized over the course of a thousand years, into a religion of ignorance and superstition that made the domestication and rule of the peasantry possible in exchange for relieving them of the psychological and cognitive costs of european strategy. A strategy that still persisted – as manors replaced tribes, especially in the nobility, military, and law, outside clerical cities – and that strategy was revived in force once again by the restoration of Aristotle, the restoration of trade, the printing press, and the Muslim blockade of the east that gave motive to the age of sail, with which Europeans united the world, and ended the middle east’s monopoly on taxing intercontinental trade and their wealth as a result. Without that trade, without parasitism upon it, the inability to produce complex organizations, including complex bureaucratic states, resulted in the collapse of middle eastern civilizations to its lowest common denominator: fundamentalism in rebellion against the meritocratic, rational, scientific and technological civilizations with which they could not compete. Europe’s escape from superstition, theology, and political Christianity transformed it into a folk religion and during the German Romantic period and Prussian ascent nearly succeeded in a full restoration of our ancestral natural religion, social, and political order as a universal militia.

But european civilization’s strategy contains a vulnerability that law among ourselves was never exploited, but others have learned to exploit: ……. ( … )    ( also: permissiveness )

European civilization evolved for the continuous production of agency – we were all brought up to be princes and princesses – to rule. In our myths, our fairy tales, our religion, our philosophy, our laws, our sciences, our education. We taught generations to rule. To rule ourselves, our families, our polities, our nations and the world. An aristocracy of everyone capable of joining the aristocracy, and the paternal rule of those who are not.

This is the greatest, most ambitious, most costly, most heroic strategy of the civilizations of mankind. All other civilizations failed the test of adaptation. All others sought harmony by resignation (India), stagnation( china ) decline ( Islam ), or were unable to produce the choice (Africa, Australia). For the sake of mankind. Europeans must never fail, and European rule of law must prevail.

As such while reciprocity requires we leave others to self-determination by self-determining means in exchange for reciprocal insurance of that choice, any statement of, advocacy of, strategy or plan to, or action to deprive Europeans of self-determination by the natural laws of nature and nature’s god, are acts of war against our people and the benefits our people bring to mankind, and Europeans can, must, and shall war against those peoples for their crimes against us, nature and nature’s god.

The Natural Law Of The European People

( … )

The Function of Law (incremental suppression, market, commons, trust, harmony) to protect the true, good, and productive, from the false, bad, and harmful.)

( … )

Customary Law

The Natural Law, Discovered, Adapted to, And Applied By The European People

Given:

There exists only one Natural Law of Cooperation and that is Reciprocity

Definition:

Natural Law:

The Natural Law of self-determination by self-determined means, by the reciprocal grant, obligation, insurance, and inalienability of, sovereignty in all demonstrated interests, and reciprocity in all display, word, and deed, to all members of the polity able, willing and sworn to exchange them, producing, and limiting all, to survival, reproduction, and prosperity in adversarial markets in all aspects of life: association, cooperation, reproduction, production, commons, and polities, and as a consequence, the fastest innovation and adaptation of knowledge, behavior, economy, institutions, polity, war, and man, by the continuous evolution of human agency, producing the greatest transcendence of man, in the shortest time, with the greatest certainty, under the greatest prosperity – and the continuation of natural selection by suppression of the reproduction of those demonstrating unfitness for those markets by their display word and deed.”

Reciprocity:

The One Natural Law of Reciprocity requires we limit our display, word, and deed to productive, exhaustively informed, exhaustively warrantied, voluntary transfer of demonstrated interests, free of imposition of costs upon the demonstrated interests of others either directly or indirectly by externality, whether those demonstrated interests consist in the natural, the personal, the private, the common, and whether they consist of resources, goods, services, institutions, behaviors, or information.

Reciprocal Insurance of Self Determination By Sovereignty, Reciprocity, And Insurance thereof:  

Thou shalt not, by display, word, or deed, or absence of display, word or deed, impose or allow the imposition of costs upon the demonstrated Interests of others, either directly or indirectly, where those Interests were obtained by Settlement (conversion, or first use) or productive, fully informed, warrantied, voluntary exchange in the absence of such imposition of costs upon the demonstrated interests of others exchanging the same.

Therefore thou shalt limit thy display, words and deeds, and the display, words and deeds of others exchanging the same, to the productive, fully informed, warrantied, voluntary exchange of demonstrated Interests, free of imposition of costs upon the demonstrated Interests of  those others, either directly or indirectly, or thou shalt be subject to restitution, punishment and prevention; where punishment shall consist of contritions, constraints, restitutions, fines, deprivations, imprisonment or imprisonment at hard labor if reformable or, ostracization, outlawing, or death if not.

Insurance of reciprocity requires we reciprocally defend ourselves and others against irreciprocity, and provide restitution punishment and prevention for those acts of irreciprocity, and that failure to do so violates reciprocity, and that such insurance may not be alienated by others and or by our own choice. All conflicts are decidable by tests of reciprocity. All attempts at avoiding ir-reciprocity constitute attempts at ethical, and moral, goods. All attempts to circumvent reciprocity constitute an attempt at free riding, parasitism, or predation – whether by accident, error, bias, or intent – are irreciprocal, and criminal, unethical, immoral, or evil. Reciprocity is a necessity while Proportionality is a luxury; and the Luxury of Proportionality may only be achieved through cumulative use of Reciprocity.

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

( … )

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:

1. 1. Natural Law, Evolution, Persistence, Strategy, Rights, and Obligations
   2. Contract (agreement between parties) under the one law of reciprocity.
   3. Constitution (agreement on organization and operation of the polity)
   4. Findings of Law, Findings of the Court meaning Judge Discovered Law (discovered by the court)
   5. Acts of the Commons ( Rules produced by a governing body using rules of law, and given force of law )
   6. Acts of Regulation (Rules of Prior Constraint given force of law by the insurer of last resort)
   7. 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.

 

 

On Construction by Vocabulary and Grammar

( … )

Content Of The Natural Law