THE DECIDABILITY OF NATURAL LAW 1) Man -> Biological Necessity – biological inst

THE DECIDABILITY OF NATURAL LAW

1) Man -> Biological Necessity – biological instinct for reciprocity (positive-purchase of options on future cooperation, neutral-exchange of cooperation, and negative-retaliatory at high expense, for violation of reciprocity.) This is ‘objective morality: natural law.

2) Normative Institutions -> man evolves normative institutions that we call ‘morals’. These morals vary from group to group because each group constructs various ‘contracts’ (habits) that we call norms, on top of objective morality. These habits attempt to construct a market of sorts suitable for the solution of certain cultural, demographic, and geographic problems. (marriage and inheritance habits being the easiest examples to study). Property rights evolved in concert with (a) division of labor and development of tools, built capital and territorial property, (b) inheritance of those assets, and (c) tribal, clan, village, extended family, family, and absolute nuclear family structures. ( Private property increases with class (independence).)

3) Formal Institutions -> the formal standardization (think of property rights registered in law as a standardization of weights and measures that facilitate the ‘fit’ of cooperation and the means of dispute resolution upon the failure of cooperation.

4) Logical Decidability -> the method of commensurability by reduction to natural law, when formal law fails, or normative morality fails, because of differences in local contractual assumptions. In other words, natural law provides a means of commensurability across normative and formal institutional contracts, just as the natural common law provides a standard of decidability between private contracts.

Curt Doolittle

The Philosophy of Aristocracy

The Propertarian Institute

Kiev, Ukraine