PROPERTARIANISM AND RULE OF LAW: CONTRACTUALISM Oliver Wendel Holms really screw

PROPERTARIANISM AND RULE OF LAW: CONTRACTUALISM

Oliver Wendel Holms really screwed American and anglo law.

The more I study American history the more obvious it becomes that without the many nearby competitors we had faced as Europeans in Europe, that the new continent provided an excuse for the conquerors to take license given the unanimity of sentiment. A unanimity that was not present in Europe (and which is only present under empire.)

LEGAL SCIENTISM (SCIENTIFIC)

Law consists of a set of axioms which cannot be violated (true). As such, law is if not a science, at least a formal logic, that is both internally consistent, externally correspondent and universally decidable. Political preference cannot override these principles. (Rule of Law)

LEGAL REALISM (RATIONAL) – THE FIRST AMERICAN VIOLATION OF RULE OF LAW

Law is constructed from both political and logical origins.

LEGAL POSITIVISM (ARATIONAL) – THE SECOND AMERICAN VIOLATION AND THE TOTAL ABANDONMENT OF RULE OF LAW

Law is a social construction unbound by any constraint other than its origin.

REFORMATION: LEGAL SCIENTIFIC CONTRACTUALISM (RATIO-SCIENTIFIC)

Law consists of a set of axioms which cannot be violated, since such violation whether singular grand and visible, or invisibly accumulated from multitudinous and minor errors, would violate and destroy the incentive to cooperate within a government by rule of law. However, nearly any desirable contract can be constructed by voluntary agreement of parties, so long as the internal transfers are enumerated and the net result is productive, fully informed, warrantied, voluntary exchange free of external imposition of costs upon others.

PROPERTARIANISM = LEGAL CONTRACTUALISM

Curt Doolittle

The Propertarian Institute

Kiev, Ukraine, (Tallinn, Estonia)