LIE BY ANALOGY One can lie easily using analogies. It is extremely difficult to

LIE BY ANALOGY

One can lie easily using analogies. It is extremely difficult to lie using operational language. That is why science requires operational definitions. Whenever someone makes a statement about ‘law’ and rule of law, it is helpful to ascertain whether the person is engaged in deceit, by questioning whether he is talking about law, contractual provision, command, or permission.

Humans evolved cooperation from non-cooperation because it was an unequalled multiplier in the production of calories, and concentration of calories in expensive offspring. But as soon as one develops cooperation one invites free riding (parasitism). The prevention of free riding is necessary for the preservation of cooperation – otherwise cooperation is irrational and counter-productive. Without the prevention of free riding, and without aggressive punishment of free riders – from the lazy family member to the aggressive alpha, to the predatory competitor – people cease to cooperate, and must cease to cooperate. And productivity declines accordingly. And trust declines accordingly. And economic velocity declines accordingly. And violence theft, fraud, free riding, and rent seeking and corruption and conspiracy – including political conspiracy at scale, and bureaucratic conspiracy of common malincentives expand to the point of equilibrium.

We either possess rule of law: constraint, without exception, or discretion, or conversely, independence from discretion in matters of involuntary transfer – or we do not.

Rule of law is not a mater of opinion. It is either true or not true.