Today, someone, in an obscure little news group, expressed his libertarian sentiments by saying:
“Common law is good enough for all: You must not cause harm, damage or loss, infringe on the rights of others or use mischief in business. To be accused you must have a flesh and blood accuser who can provide proof of claim against you.A jury of 12 decide your fate.”
Which is true, albeit insufficient. And that insufficiency warrants a little scrutiny. Starting with the fact that the other distinguishing factor of common law is that judges ‘discover’ new properties of dispute resolution as need arises. Men do not make laws. They discover them in the habits and conventions used by real people in the process of developing written and unwritten contracts with one another. But more importantly, the common law, because it is reactive, and evolutionary, and organic, rather than intentional and proscriptive prevents “legal plunder”: the use of the violence of POSITIVE LAW (law enacted versus discovered) to plunder the population. In other words, our freedom depends upon the common law, and our prosperity depends upon our freedom. But that doesn’t mean it’s perfect. THE WEAKNESS OF COMMON LAW The weakness in common law is this: When the rate of expansion of an economy results in new entrants into the middle class, new forms of business, new forms of contract, and new technologies, then the evolutionary process of adaptation embodied in the common law comes under duress, since patterns of similarity are difficult for judges to identify. This judicial epistemic delay and lack of coordination can result in return to the perceptoin of ‘arbitrariness’ on behalf of the population which in turn can lead to ‘regime uncertainty’ (fear of trade and exchange due to fear of legal action) which decreases the volume of economic activity and subjects the population to economic vulnerability from external competition. Furthermore, ‘regime uncertainty’ may drive entrepreneurs to seek jurisdictions more favorable to business, which results in capital flight, and a loss of jobs. LAW AND THE COMPLEXITY OF MULTIPLE DIMENSIONS Law becomes cumbersome and incalculable when the competing interests of:
compete with the organically driven properties of:
These two sets create no less than is six dimensions of complexity. Unfortunately, human beings are almost never capable of making more than a single-axis comparison. Property rights are the only clear epistemological device for creating a legal system that is calculable. Every other layer of dimensional complexity will lead to (the opposite) Instead of “regime uncertainty”. TERMINOLOGY IN CONTEXT – AND NEW TERMS TO REPLACE THE OLD When our English ancestors, and our Founders, fought for ‘their rights as englishmen’, they fought for common law, and the personal sovereignty over their property that must accompany the common law in order for the common law to have coordinated purpose, rather than chaotic result. Only property rights allow rational adjudication of differences between men. All else is chaos. For these reasons you should never surrender your sovereignty to the state. That we need a government in order to resolve differences among us is one thing. That we should surrender our nobility (rights to allocate our own property) to others is not only illogical, it is impoverishing. We generally use the terms ‘Freedom’ and ‘Property Rights’. But Freedom has become an ‘appropriated term’ and Property ‘rights’ has become a ‘laundered term’. The more precise and utilitarian terms, that preserve rational debate are:
**[glossary:Sovereignty]**
2) **[glossary:Calculability]** for the purpose of cooperation and coordination instead of ‘rights’. (Rights are now an abused appropriated term. Something can only be a ‘right’ if it can be given by each individual to each other individual equally. Therefore, we can only NOT do things, not DO things, in order to grant one another ‘rights’. There can be no ‘positive’ rights without fiat law.) 3) **[glossary:Property]** (or several property) instead of property rights. 4) **[glossary:Foregone Opportunity Costs]** instead of duties or obligations. 5) **[glossary:Portfolio of Forgone Opportunity Costs]*** instead of cultural values Since these terms, Self-Sovereignity, Calculatibity, and Several-Property are NECESSARY properties of human cooperation, rather than indistinct, appropriated, logically inconsistent or emotionally loaded terms, (n-dimensional terms: those that contain unarticulated dimensions for the purpose of distorting causality –ie: fraud — and most commonly for the purpose of mixing emotional reaction, which is a property of the past, with epistemic necessity, which is a property of the future). USEFUL DEFINITIONS: 0) LAWS
1) COMMON LAWS:
2) FIAT LAWS:
Manners, Ethics, Morals and the Common Law are a “self evolving, organic system” of rules for coordinating the actions of people in large numbers. As long as judges are allowed to use manners, ethics and morals in concert with the common law, in adjudicating differences. THE RESULT OF MULTICULTURALISM For this reason alone – ‘common law competition’, multiculturalism is an extremely high burden on an economy when combined with Fiat laws. Political Multiculturalism causes competition between common law systems, that may only be resolved through fiat law. Multiculturalism is then, “The Other Road To Serfdom”.
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