5.3.1.Summary Of The Law (Solving the Institutional Problem)
Summary of The Law
Continuing millions of years of rapid incremental human evolutionary adaptation in body, behavior, mind, languge, logic, institutions, and technology, by western civilizatin’s accidental discovery of, adherence, to, and applciation of the formal, physical, natural, and evolutionary laws of the unvierse.
Where we mutually exchange, by contractual oath; of the guarrantee of insurance; of self-determination by self-determined means; by individual sovereignty of demonstrated interests; thereby limiting us to reciprocity in display, word, and deed;
And where reciprocity in deed consists of: voluntary exchange or transfer of demonstrated interests; limited to productive, exhaustively informed, and exhaustively warrantied, within the limits of restitutability, within the limits of restitutability.
And where reciprocity in display and word requires warranty of due diligence, surviving tests of realism, naturalism, identity, consistency, operational possibility, rational choice, correspondence, completeness, within stated limits.
And limiting our cooperation and competition to reciprocity in markets for association, cooperation, reproduction, production, commons, polities; and limiting our conflicts and disputes to duel, court, and war.
And producing incremental suppression of irreciprocity in display word and deed, by
And instiutionalizing truth before face, testimonial speech, the jury, thang and senate and the only high trust society.
And the most rapid adaptation
And the most adaptive political organization …
And almost single handedly dragging mankind out of ignorance, superstition, hard labor, poverty, starvation, disease, suffering, the victimization by the vicissitudes of nature, and the tyranny of men.
At the cost of governance of the less able and the suppression of the reproduction of the unproductive in markets for association, cooperation, reproduction, production, commons, and polities, thereby continuing natural selection, preventing regression to the mean, defeating the red queen, and continuing the European history and tradition of transcendence of man into the gods we imagined.
The Laws of Nature (and Nature’s God)
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 Logic Of Cooperation
( … )
The Natural Law of Cooperation
These choices upon which all others depend:
1. “Why not commit suicide?” This choice is that of Personal philosophy.
2. “Why engage in cooperation rather than free-riding, parasitism, and predation?” This question is that of Ethics.
3. “Why engage in cooperation with others, rather than free-riding, parasitism, and predation?” This question is that of Politics.
4. “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.
5. 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 production of choice) 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.
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.
To organized human beings, there exist only three possible means of human coercion:
2. Remuneration/Deprivation, and
And three hierarchies of 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 first institution strongest, second less so, and 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 Amerindian, African, North African, and southern european people that while demographically and institutionally challenged are not encumbered by Islam, or Judaism.
The Organizing 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, sovereignty and reciprocity regardless of cost, oath regardless of cost and truth-before-face reagrdless of cost, thereby limiting man to meritocracy, absent authority, leaving only adversarialism as a means of decidability, by means of voting for production of commons, rule of law for dispute resolution, 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 agency, 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, reciprocity, and insurance of others’ self-determination by self-determined means, by exchange of sovereignty and recirpocity, 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.
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.
(answer how restoring scale will restore family community and mindfulness)
Answer the hierarch of differences (strategic, defense, trade, inerstate dispute resolution ), regional cooperation, local norms.
—“That which is set or established: Customary rules.”—
Old English lagu (plural laga, combining form lah-) “ordinance, rule prescribed by authority, regulation; a district or region governed by the same laws;” also sometimes “right, legal privilege,” from Old Norse *lagu “law,” collective plural of lag “layer, measure, stroke,” literally “something laid down, that which is fixed or set” from Proto-Germanic *lagam “put, lay,” from PIE root *legh- “to lie, lay” (from PIE root *legh- “to lie down, lay”). Identical with lay (n.2) as “that which is set or established.”
The Law Consists of those prohibitions on behavior, the limits on behavior, demands for behavior, that together preserve incentives for peaceful cooperation within in a community of common interests; that limit our display word deed and survival to peaceful voluntary cooperation in markets for association, cooperation, reproduction, goods, services, information, commons, and polities; that are not dependent upon the arbitrary discretion of men (authority), that are the record of the results of resolution of prior disputes, and that have survived the test of time, such that the people may plan and pursue their interests free of permission or encumbrance within the limits of behavior that would harm others’ pursuit of their interests.
The Enforcement of Law Requires Insurers
The Adjudication of Conflicts Requires Militia, Sheriffs, Juries, Formal Courts, and Judges
Europeans, of necessity, developed their customary law before they developed either religion or state institutions because the law was the only means of organizing a militia across families and tribes that could guard large herds, hold large territories, control resources, and fight by entrepreneurial warfare. They brought this law across Europe with them during the indo european expansion. Since that time family, clan, class, state, and church have tried to usurp that law, with the British and Germans succeeding until the second world war, and the Americans of European descent the remaining reservoir.
The Function of the Law in Producing Cooperation
– To defeat the dark forces of time, entropy, ignorance, the red queen, the climate, planet, solar system, galaxy and universe and transcend men into the gods we imagine
– To Increase capital under human control, human capital, human knowledge, human agency, and transcend man into omniscience omnipotence and freedom from harm, risk, competition, and constraint.
– To maximize human choice by maximizing human prosperity, by maximizing human cooperation, in discovery, innovation, production, and experience.
– By incremental suppression of irreciprocity in display word, and deed, to drive all behavior into the adversarial market for voluntary cooperation
– To Maintain Natural Selection by Market Forces, continuing human capitalization and evolution
Via Positiva Law (Proscription and Stagnation) and Via Negativa Law (Prohibition and Change)
( … )
The Natural Law, Discovered, Adapted to, And Applied By The European People
There exists only one Natural Law of Cooperation and that is Reciprocity
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, thereby producing for all, 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.”
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.
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.
The Natural Law of Sovereigns versus The Positive Law of Rulers of Others
|Aryan > Germanic > Anglo > Common Law (Sovereigns)||Aryan > Roman > Napoleonic > Continental > Civil Law (Serfs)|
|– 2 rules. do no harm or threat of harm
– freedom. responsibility and liability
– no need for permission for anything
– considered responsible (innocent)
– via-negativa – only prohibits- the law is sovereign (rule of law)
– an every man sovereign (equal) under it.
– laws evolve and adapt empirically by practitioners
– bias to facilitate experimentation
– bias to rapid adaptation
– bias to limit the state
– more ‘suits’- a relationship between men some of whom work in the state
– the state is operated by ordinary citizens (Without nobility)- One Language highly suitable to law: English
– More dependence on verbal argument
| – thousands of “laws”
– limited freedom, responsibility. liability
– need permission for most actions
– considered irresponsible (guilty)
– via-negativa AND via positiva prohibitions and requirements- the state is sovereign (rule of command)
– state members and citizens are unequal under it.
– law is created by academics and bureucrats
– bias to reduce conflicts
– bias to consistency
– bias to positively govern society
– more ‘regulations’- a relationship between men and the state
– the state is operated as unequal with leaders replacing nobility- Nineteen Languages not equally suitable to law.
– More dependence on written arguments
Rule Of Law by Natural Law of Self Determination by Self Determined Means
“Contractual, Reciprocal, Grant of, and Insurance of, Self Determination, By self Determined means, by Sovereignty in demonstrated interests, Reciprocity in display word and deed, and Duty of defense.”
The Priority of Rule of Law By Natural Law of Self Determination
( … ) Highest priority, may impose on others, some may elect alienation, but not deprive others of (alienate) without (death).
Suitability of a Polity for Rule of Law by Natural Law
( … ) ability, maturity, homogeneity
The Incremental Evolution of Rule of Law by Natural Law
( … ) State > Military > Law > Government > Participation
Natural Law and Rule of Law Precede State, Bureaucracy, Legislature.
( … )
The Function of a Declaration
( … ) To state the reasons for the reformation of the constitution, such that it restores Rule of Law by Natural Law
The Function of a Constitution
( … ) To prevent and prevent violation of the natural law of the european people and the group strategy of the european people, and provision those institutions that create voluntary markets for the production of commons suitable to the present circumstance within that law and strategy.
Specifically to limit the institutions of the state, military, court, government.
Specifically to limit the people.
Rights and Obligations
The Function of Natural Rights under Natural Law (Negative Rights)
( … )
The Function of Enumerated Natural Rights (Negative Rights)
( … )
The Function of Rights Under The Natural Law of Reciprocity
Exchange of Self Determination requires sovereignty and reciprocity, and duty of defense and inalienation of both,
( … ) Definitions:
( … ) Definitions: …
Rsponsibility (Defense) (insurance)
( … )
( … ) Definitions:
Demonstrated Interests Under The Natural Law
- Origination of Opportunity (come together to…)
- 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 dispute.
- Title …..
Violation of Rights Under The Natural Law
( … )
Protection Of Rights By The Court and the Law
Those Under Defense of the Law (Define)
( … ) (choice, ward, visitors) (oath, evidence, cost)
Those Outside the Law “Outlaw” (define)
( … )
Scope of Rights Under The Law
Sovereignty, Liberty, Freedom, Ward, Serfdom, Slavery, and Imprisonment
( … )
The Hierarchy (Categories) of Rights, Obligations, Responsibility (Defense) and Inalienabilities
– A Tradition, Norm, Convention
– Contractual Rights
– Legislative (Contractual) Rights, Obligations, Responsibilities, and Inalienabilities
– Constitutional Enumerated Rights and Obligations, Responsibilities, and Inalienabilities
– Natural Rights: Necessary via negativa obligations
– Human Rights: International via-positiva ambitions
Defense of Demonstrated Interests by Reciprocity
… ) ( … Test of each step of reciprocity checklist … )
( … ) Productive
( … ) Fully (Exhaustively) informed
( … ) Truth Here
( … ) Voluntary Transfer
( … ) Demonstrated Interest
( … ) Free of Negative Externality
( … ) Warrantied, Due diligence
( … ) Limits
Rights and Obligations Under The Natural Law of Reciprocity
– Reciprocity in Word and Display
– Reciprocity in Deed (actions)
– Reciprocity in Defense (insurance)
– Reciprocity in Inalienability (inescapability)
Limits To Rights under the Natural law of Reciprocity
( … ) usus, abusus etc
Violations of Rights (define common crimes under each) Under the Natural Law of Reciprocity
- 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.)
- 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)
- Treason (War)
Where Acting as:
- individuals in the interest of groups,
And Where Acting or Failing to Act By:
- failure of due diligence
- conspiracies of common interest
- conspiracies of intent
And Where Severity By :
- 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
- 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;
- Restitution regardless of intent
- Punishment for intent, Intent on behalf of the interest of; a conspiracy of intent, a conspiracy of common interest, or failure of due diligence.
- Prevention of Imitation
- Insurance of Others
- Individuals or groups in the interest of groups,
Ascent into Rights
( … )
On Origination of Acts
The Cabinet (all institutions of the state)
On The Process of Legislative Consideration, Assent and Dissent
( … )
The Function of Acts: Amendments, Treaties, Legislation, Regulation under Natural Law
The Function of Treaties
( … )
The Function of Legislation (Statute Law)
( … ) (if legislation does not work to achieve some end) (general rules and specific rules prohibited) (courts to apply generl rules to specific conditions in specific dsputes)
The Function of Privileges of the Commons Under Natural Law (Positive Rights)
( … )
The Function of Artificial Rights of the Commons Under Natural Law (Positive rights)
( … )
The Function of Regulation
( … )
The Function of Code
( … )
The Function of Findings of the Court (Case Law)
( … )
The Function of Military Commands
( … ) ( temporary, extra market, … debt)
The Function of Edicts of the Monarchy
( … )
The Construction of Acts
All acts shall conform to the following constraints:
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. ( “a proof is required”)
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.)
4. Internally consistent: stare decisis
5. Contingent: (list contingent dependencies)
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. Durable (except in court)
9. Perishable: sunset
10. Warrantied and Warrantable, and within the limits of restitution
11. Reversible and Restitutable
All Acts shall follow this form of construction:
– We … (who)
– On Behalf of (Whom)
– Before The Court of ( … Court or Legislature 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)
…. …. Actions:
…. …. Rights:
…. …. Obligations:
…. …. Insurances:
…. …. Inalienations:
…. …. Costs:
– Such that We Produce (direct and external consequences)
– And Success or Failure shall be measured by … (tests)
– And Would Reverse if (prior laws or acts were falsified, or conditions had changed),
– And Otherwise shall expire (date of expiration),
– 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 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
( … )
On Writing, Reading, and Interpretation
( … ) textualism, originalism, transaction, compared to jewish wisdom literature, also cover dynamism and adaptivity and anti-fragility.
On Liability For Proposition, Advocacy, Submission, Participation, Composition, Process, and Assent
( … )
The Market for Cooperation at Scale Under the Natural Law of Cooperation
( … )
The Function Of The Citizens
( … ) RECIPROCITY, MARKETS, INSTITUTIONS, SOVEREIGNTY, INTERGENERATIONAL TRANSFER.
The Function of the Military
The Function of the Monarchy
Persistence of and competitive excellence of european, germanic, anglo, american civilization, our group evolutionary strategy, our institutions, traditions, norms, and territories, and to respect and protect the long history of investment over many generations.
Prevent the usurpation of the european germanic anglo American civilization by competing elites, religions, cultures, traditions, norms, and races.
Prevent the usurpation of this constitution or its institutions.
The Function of the Federal Executive Cabinet
The Function of the Federal Legislature
( … ) admit new states, guaranteed a republican constitution, guarantee individual rights
The Function of the Courts
Maintain the Market and balance between the —– of governments
Maintain the market for states, localities, corporations, organizations, families, and reproduction.
The work of lawyers and not the work of legislatures
Intergenerational Defense of Civilizational, territorial, human, institutional, traditional, normative Capital
The generational difference in preferences is left to the legislatures, not the constitution.
(general rules and specific rules prohibited) (courts to apply general rules to specific conditions in specific disputes)
Limits on externality: the court may seek the optimum resolution of disputes in the private sphere where the judge may possibly make that decision, but may not seek to produce externalities by the resolution of disputes in matters social and political where the judge must make a presumption.
Privacy: family and civil matters between parties are private, criminal matters private unless a case specifically necessary in the public interest, and matters between any party and the state a public whether minor infraction or matter of great import to all
Return to the Legislature that which requires judicial discretion (where the original intent and the text). The court may not deprive the legislature of its decision in the division of labor, and the legislature may not deprive the court of its decision to limit the legislature to the limits of the constitution.
Adversarial, not authoritarian
Meet market demand not budge limitations
State Supreme Court
Local Executive (mayor, manager)
The Function of the Jury
The Function of the Judge
The Requirement For Judges
– Private Practice for no less than fifteen years. (Work for the state does not count, there is no such path)
– Federal Judges must be paid no less than 80% of the top 1% household income, reviewed every three years.
Pursue the Truth
- It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error.
Meaning of The Law
– The Natural Law is Scientific, Absolute, and Universal to all life that is willing and able to agree to and adhere to the contract for self-determination by self-determined means, and for the mutual increase in capital-in-toto, by exchange of insurance of sovereignty, reciprocity, and duty to perform.
– All Langauge consists of measurements within the paradigm, vocabulary, grammar, and logic. And all Truthful Langauge, surviving the test of truthful speech in the section Reciprocity in Display Word and Deed in Article III – Natura Rights and Obligations Under the Natural Law of Reciprocity of this constitution, will converge on the most parsimonious paradigm, vocabulary, grammar, and logic.
– Original Intent and Textualism is the only empirical means of judgment that preserves the transactional structure of constitution and law, and the separation of knowledge, effort, and powers between the judiciary that applies the law within the limits of the natural law, and the legislature that that organizes the commons of the day.
– The Natural Law an Empirical Science, This Constitution a Contract for Cooperation by that Science, The Common Law a Balance Sheet of measurements, Legislation a Ledger, and Findings of the Court a Record of Transactions, in measurements of the time of the writing, assent, and recording of each act.
Decidability of The Law By The Courts
– Prohibition on amending the constitution, only right is preserving the balance of powers.
– The Amending Process (inflexible) vs Legislation (flexible) vs Court (clarification)
– Permissive to Revolution to restore the natural law
– Formal Logical Construction, Textualism, Original Intent, Application – and not Innovation by Conflation (Not Strict construction)
– Ascent of Law from the Legislature, and Regulation from the Administrators
– Stare Decisis Under Common Law (to stand by things decided) is a recommendation for consistency, just as historical practice,
– Due Process Required and No Substitute thereby prohibiting pretense by Substantive Due Process
– Doctrine of InCorporation (constitution does not limit the states, just the federal government)
– Priority (Sovereignty) of Natural, Constitutional, Federal, Regional, Local, Familial, and Personal (sovereign) Law
– Expansion of Conditions of Application of the Law
– Return of Law to the Legislature
– Deprecation and Sunset of Law
Organization of Institutions Under The Common Law
The Federal State
– A contractual corporation under the natural law for the benefit of shareholders and their families, who shall be called ‘citizens’.
– A collection of assets to be managed for the benefit of the shareholders.
– A set of institutions to manage those assets on behalf of shareholders
(Note how this varies from Christian, Muslim, Jewish, french socialist, Marxist, and progressive universalism)
– Professional Military (warriors) and militia (soldiers), sheriffs, deputies
– Treasury, Interior, Title Registry, Weights and Measures, and Insurer
– Monarchy as judge of last resort
– Cabinet of Professional Executives
– Federal: Senate consisting of the sitting governors of the several states
– Parliamentary Jury (Parliament of houses) for regions, classes, sexes, and if necessary races
… … Military Governance in War or Crisis
… … Elected Nobility (heads of families with extraordinary local interests )
… … Elected Representatives (politicians),
… … Direct Equal Voting,
… … Direct Proportional voting, or
… … Direct Economic Voting
– Citizens who have taken the oath and performed public service
– Wards under the protection of citizens, institutions, and state
– Residents under the protection of the law
– Visitors under the protection of the law
Division of Responsibilities
Law of Subsidiarity – The monarchy shall not deprive the military of that which they are capable of commanding under the constitution, nor deprive the federal legislature of that which they are capable of legislating or regulating under the constitution. The Federal legislature shall not deprive the several state legislatures of that which they are themselves capable of legislating or regulating under the constitution. The Legislatures of the States shall not deprive the counties villages, towns, or cities of that which they are capable of legislating or regulating under the constitution. None shall deprive the traditional or nuclear family of that which they are capable of rule-making. None shall deprive the individual of that which they are capable of rule-making, given that every sovereign man is his own legislature.
Principle of Multitude of Differences (tastes and preferences, encourages competition between states, competition between states causes them to experiment, agency costs of voters is lower in the smaller the state and the lower the power distance)
Principle of Power Distance
Principle of Public Awareness, Information, and competency in scope of interests
Principle of State and Local Competition for population, business, and investment
Principle of Experimentation and Innovation
Law Of Monarchical Competency
Insurer of Last Resort
– Monarchical Command: to restore failings, errors, injustices, crimes, usurpations (a judge of last resort, to foster and reward exemplary excellences and to right political wrongs.).
Law of Military Competency
Insurer of last resort ….
– Military Command: in times of war (Define crisis, conflict, war, and total war) (define value of military in civil life during crisis)
Law of Federal Competency
The insurer of Last Resort (Treasury, sureety)
The insurer of every Citizen and only Citizens to the rights, obligations, defenses, and inalienabilities under Article III – Natural Rights and Obligations Under the Natural Law of Reciprocity – and only those rights and obligations, whether within or without of states.
Economies of Scale in:
Economy of scale in defense, trade, credit, research and development,
Prevent continental defection to competitors or enemies weakening strategic interests of all
Exertnalizaton of influence into the federal government territorial integrity etc.
Externalization A wholly interstate activity affects interstate commerce
Externalization .. preventing a legislative or regulatory race to the bottom (no fault divorce),
Externalization of negative effects (air pollution)
Limits on Federal Legislation
– The purpose and sole purpose of commerce regulation (Commerce Clause) is to prevent trade wars between states or treaties or alliances with foreign trade against other states or to resolve conflicts in trade between states. It may not interfere with, regulate, or control commerce in or between states.
– No state may limit the research and development, industrial initiatives, or traffic and transport of the federal government. (No interest claims on opportunities only on demonstrated interest)
– The Military, The Treasury, and The Insurer may temporarily act for war, plague, economic collapse, strategic reorganization, or the Monarchy in extreme circumstances to restore the constitution, the natural law, the historical group strategy of the European people, and the european transcendence of man into the gods we imagined, due to civil, economic, institutional, political, or military failure to maintain it.
Law of Public Regional State Organization Law (Commercial, Economic, Political )
– Legislation: Contracts of the commons under the law
– Codes: standards of weights and measures
– Regulations: rules of insurer of last resort
– Procedures: rules of institutional procedure
– Organization of polity, society
( … ) – insurer of last resort
Law of Local Legislative Competency
Law of Citizen’s Strategic, Political, and Economic Competency
Private Sovereign Organization (corporation)
( … )
Private Sovereign Family
– A family is it’s own state (corporation) and polity (citizens)
– (right to raise and educate children)
– right to privacy
Private Sovereign Individual
– A man is his own legislature
Private Wards Competency
Law of Collective Competency
Limits on Constitutional Amendments
– Outside the law
The Principle of Sex Differences in Super Predation
Principle of The Devil Swims Left – ( … ) (incrementalism, intolerance)
Principle Legal Undermining vs Legal Defense of Legal Rule
Federal Law: Universal
– Law: The natural law of sovereignty, reciprocity, duty
– Rights and Obligations: (Primary Code) Within The Natural Law
– Constitution: Organization of operations of the Institutions
– Applications: Findings of The Court Under The Law
– Contracts (treaties) between states
– Resolution of disputes between states
– Senate of the Governors of the States, City-States, and Free Cities.
The function of the Federal Government and Courts
– ( … )
Public Local City Town, Village, or County Organization Law (Social: behavior in the commons)
– Legislation: Contracts of the commons under the law
– Codes: standards of weights and measures
– Regulations: rules of insurer of last resort
– Procedures: rules of institutional procedure
– Organization of polity, society