Oct 15, 2019, 6:05 PM
by Luke Weinhagen
Law and contract can be used to subsidize for the absence of specific trust, such as between strangers or untested business partners.
Both are “loans” against the stored trust in a polity. Enforced and insured by the commons in the form of “WE as a common polity will impose a cost on any party that breaches law or contract”.
Law and contract only provide incentives for adherence where you can expect positive reciprocity (trust producing – rule of law) or where you can rely on the enforcement mechanisms to compel adherence (trust consuming – rule by law).
Trust consumption eventually gets us back to “Might makes Right” and brings us back to the question “Why don’t I kill you and take your stuff?” (we descend the foundational rule stack). If trust is not there in some form, no one follow the law or sticks to contracts.