Category: Law, Constitution, and Jurisprudence

  • Doolittle’s Master Class The Choice – Episode 0020 – Germanic Origins of The Ame

    Doolittle’s Master Class

    The Choice – Episode 0020 – Germanic Origins of The American Constitution – Our Germanic Origins Part Two

    https://propertarianinstitute.com/2020/11/20/the-choice-episode-0020-germanic-origins-of-the-american-constitution/


    Source date (UTC): 2020-11-20 20:33:50 UTC

    Original post: https://twitter.com/i/web/status/1329885686917443584

  • The Choice – Episode 0021 – Correcting The Failures of The American Constitution – Our Germanic Origins – Part Three

    Video

    Audio

    (Download)

    Script

    Welcome to The Choice – Episode 0021 – Correcting The Failures of The American Constitution – Our Germanic Origins – Part Three – I’m Curt Doolittle [A]s students of the empirical revolution, the agrarian revolution, the commercial revolution, and the enlightenment, our american civilization was architected by the founders and designed upon the ancient European tradition of rule of law by the common law under the natural law. It was an experiment in the third way: one without the parasitism and corruption of the aristocracy or the church, and burden of those of low character and ability. They saw the federation of states as a continuation of the European civilization and in particular the British Naval and Colonial version of the Continental Miltary and Holy Roman Empire of german people: an alliance of states under government, but this time a middle class -producer – government. Now, Natural Law means unlimited “Tort” or “Trespass”. Tort or Trespass requires individual sovereignty in his property. Sovereignty requires rule of law, adversarial competition before a jury of peers. And this leaves nothing possible but market competition for individual survival. And this market competition preserves natural selection. And the continuation of natural selection, is just as responsible for western exceptionalism as is our testimonial truth, evidentiary, adversarial law, sovereignty, markets, and perhaps even more importantly, our market for different elites: tri-functionalism (military, judicial, and faith). THE INITIAL PROBLEMS There were a set of six great errors in the constitution

    1. Unfortunately the founders assumed those that followed would also have knowledge of natural law, and the common law, and didn’t include those specifications in the constitution. They only specified the organization of government, and as an afterthought, some basic rights that they thought needed defending. So the FOUNDATION of western civlization, of anglo civilization, and of the american civilization as the natural law evolved under the common law and those natural rights under that natural law were never stated. This is why it has been possible to undermine natural law (rule of law), and to gradually impose positive law (rule by man) -eroding our civilization from within.
    2. The common law did evolved prior to the development of mass media, and while it contained libel and slander, and fraud, they had no concept of the use of social construction to us false promise of the impossible -freedom from physical, natural, and evolutionary laws – and therefore baiting people into hazard. They had no idea of the political scams that were possible, and despite Gibbon’s Rise and Fall being published, they could not envision that the christian destruction of the ancient world could be repeated in pseudoscientific terms in the modern world.
    3. They also -although it was a subject of great debate – used free speech instead of free truthful speech because they didn’t know how to specific truthful speech as we do now. And they did not specifically prohibit seditious speech because they didn’t know how to write it into law as we do now.
    4. They also used freedom of religion rather than freedom of Christian religion, because they could not envision a world in which Darwin and the physical sciences had eviscerated the church’s ability to use false promise to bait people into the religion. And even if they did they had no conception of mindfulness and how to use stoicism in stead to replace it.
    5. They also failed to require judicial review PRIOR to ascent of legislation, and failed to provide the return of legislative undecidability to the congress, thereby putting the court in the position of legislating from the bench – which is how the left undermined the constitution.
    6. They failed perhaps most subtly, by not ‘persuading’ (even blackmailing) Washington (or one of the others) into taking the role of monarch – who, like present Elizabeth – is a judge of last resort, and limits the fashions of the government the way the senate was designed to limit the fashions of the population. This is the hardest ‘pill’ of truth to swallow: that of prime ministers, presidents and monarchies, the optimum is monarchy, cabinet and parliament – and the presidency is the worst of all possible models. Whether Americans will tolerate a search for a weak monarch is an open question. The fact that the ant-monarchical propaganda is obviously false, and merely allows for alien people to conquer a nation and convert it to a corporation that can b exploited is not obvious through the fog of enlightenment deceits.

    THE SUBSEQUENT MISTAKES

    1. The founders failed to explain the British, Germanic, and Early European systems, as corporations, under which the monarchy(executive) was required to gain approval from the shareholders (investors, jury). And that the purpose of multi-house government (multiple juries), was to require agreement between, and to create a market for trades between the classes, preventing any class from usurping the others, and thereby preserving markets in everything. So when Americans expanded the franchise to non-property owners and women, without creating additional houses, they indirectly destroyed the entire purpose of participatory government: the power to deny power that had forced a market between the classes.
    2. When the Darwinian revolution undermined the church and her traditional role of insurer of last resort, and the false promise of marxism and socialism was spread, the state failed to maintain separation of powers and separation of revenues between the coercion of the state, and the care of the church, exacerbating class conflict and effectively denying both sides minimum power distance in pursuit of their interests, setting up a conflict that had to take place in propaganda and deceit, rather than in political markets specifically designed to provide those with dissimilar interests to cooperate.

    Assuming we’ve functionally had five constitutions already:

    1- articles of confederation, 2- first constitution, 3- post civil war southern conquest, 4- depression experiment with socialism, 5- 1960’s experimentation with cosmopolitanism. Then, we have, I have, in our Amendments, producing what is in effect the sixth constitution of the united states, which restores the original design as yet ANOTHER European continent of loosely federated states, under the natural law, unified only for the purposes of defense, debt capacity, dispute resolution, and trade. And in these, our amendments, we have repaired the six errors of the first constitution, as well as all those errors that have crept in since. And we have done so primarily because:

    1 – the 20th century experiments in integrating non-European peoples, even non-protestant peoples, has been a failure. Just as the experiment in extending our rule of law, democracy, and markets in everything has been a failure. With the only exports being our administrative, technological and scientific innovations.

    2 – the European era of expansion, and our accumulated intellectual, institutional, and technological advantage, other than our genetic and cultural advantage, has been distributed to the world in order to drag them out of primitivism: superstition, ignorance, hard labor, poverty, starvation, disease, early death, endemic warfare, and frequent victimization by nature.

    3 – And so we can no longer afford to absorb the costs of not only policing the world patterns of finance and trade, but we cannot afford to absorb the unfit into our civilization without following the roman empire into collapse for the same reason. The only thing that distinguishes the invasions of Rome because of the great migrations Rome made possible, is that the barbarians among us fight with political weaponry of Democracy and the ideology of the left, rather than bronze and iron weaponry. Even though, like the barbarians, it is the benefits of the civilization they destroy that they seek. So, welcome to the next declaration, the next reconstruction, and the restoration of western civilization. It will provide renaissance benefits to the middle, to our own bottom, and It will come at high cost to the elites and their mercenaries (immigrants), who war against us by demographic, ideological, political and financial means. Those all before us, and those all yet to be, beg us to defend them. And this time we shall not let Rome fall nor let the enemy, with it’s plan to undermine our people yet again, survive to commit yet another crime, another day. Welcome to the Revolution, Restoration, and Renaissance.       

  • The Choice – Episode 0021 – Correcting The Failures of The American Constitution – Our Germanic Origins – Part Three

    Video

    Audio

    (Download)

    Script

    Welcome to The Choice – Episode 0021 – Correcting The Failures of The American Constitution – Our Germanic Origins – Part Three – I’m Curt Doolittle [A]s students of the empirical revolution, the agrarian revolution, the commercial revolution, and the enlightenment, our american civilization was architected by the founders and designed upon the ancient European tradition of rule of law by the common law under the natural law. It was an experiment in the third way: one without the parasitism and corruption of the aristocracy or the church, and burden of those of low character and ability. They saw the federation of states as a continuation of the European civilization and in particular the British Naval and Colonial version of the Continental Miltary and Holy Roman Empire of german people: an alliance of states under government, but this time a middle class -producer – government. Now, Natural Law means unlimited “Tort” or “Trespass”. Tort or Trespass requires individual sovereignty in his property. Sovereignty requires rule of law, adversarial competition before a jury of peers. And this leaves nothing possible but market competition for individual survival. And this market competition preserves natural selection. And the continuation of natural selection, is just as responsible for western exceptionalism as is our testimonial truth, evidentiary, adversarial law, sovereignty, markets, and perhaps even more importantly, our market for different elites: tri-functionalism (military, judicial, and faith). THE INITIAL PROBLEMS There were a set of six great errors in the constitution

    1. Unfortunately the founders assumed those that followed would also have knowledge of natural law, and the common law, and didn’t include those specifications in the constitution. They only specified the organization of government, and as an afterthought, some basic rights that they thought needed defending. So the FOUNDATION of western civlization, of anglo civilization, and of the american civilization as the natural law evolved under the common law and those natural rights under that natural law were never stated. This is why it has been possible to undermine natural law (rule of law), and to gradually impose positive law (rule by man) -eroding our civilization from within.
    2. The common law did evolved prior to the development of mass media, and while it contained libel and slander, and fraud, they had no concept of the use of social construction to us false promise of the impossible -freedom from physical, natural, and evolutionary laws – and therefore baiting people into hazard. They had no idea of the political scams that were possible, and despite Gibbon’s Rise and Fall being published, they could not envision that the christian destruction of the ancient world could be repeated in pseudoscientific terms in the modern world.
    3. They also -although it was a subject of great debate – used free speech instead of free truthful speech because they didn’t know how to specific truthful speech as we do now. And they did not specifically prohibit seditious speech because they didn’t know how to write it into law as we do now.
    4. They also used freedom of religion rather than freedom of Christian religion, because they could not envision a world in which Darwin and the physical sciences had eviscerated the church’s ability to use false promise to bait people into the religion. And even if they did they had no conception of mindfulness and how to use stoicism in stead to replace it.
    5. They also failed to require judicial review PRIOR to ascent of legislation, and failed to provide the return of legislative undecidability to the congress, thereby putting the court in the position of legislating from the bench – which is how the left undermined the constitution.
    6. They failed perhaps most subtly, by not ‘persuading’ (even blackmailing) Washington (or one of the others) into taking the role of monarch – who, like present Elizabeth – is a judge of last resort, and limits the fashions of the government the way the senate was designed to limit the fashions of the population. This is the hardest ‘pill’ of truth to swallow: that of prime ministers, presidents and monarchies, the optimum is monarchy, cabinet and parliament – and the presidency is the worst of all possible models. Whether Americans will tolerate a search for a weak monarch is an open question. The fact that the ant-monarchical propaganda is obviously false, and merely allows for alien people to conquer a nation and convert it to a corporation that can b exploited is not obvious through the fog of enlightenment deceits.

    THE SUBSEQUENT MISTAKES

    1. The founders failed to explain the British, Germanic, and Early European systems, as corporations, under which the monarchy(executive) was required to gain approval from the shareholders (investors, jury). And that the purpose of multi-house government (multiple juries), was to require agreement between, and to create a market for trades between the classes, preventing any class from usurping the others, and thereby preserving markets in everything. So when Americans expanded the franchise to non-property owners and women, without creating additional houses, they indirectly destroyed the entire purpose of participatory government: the power to deny power that had forced a market between the classes.
    2. When the Darwinian revolution undermined the church and her traditional role of insurer of last resort, and the false promise of marxism and socialism was spread, the state failed to maintain separation of powers and separation of revenues between the coercion of the state, and the care of the church, exacerbating class conflict and effectively denying both sides minimum power distance in pursuit of their interests, setting up a conflict that had to take place in propaganda and deceit, rather than in political markets specifically designed to provide those with dissimilar interests to cooperate.

    Assuming we’ve functionally had five constitutions already:

    1- articles of confederation, 2- first constitution, 3- post civil war southern conquest, 4- depression experiment with socialism, 5- 1960’s experimentation with cosmopolitanism. Then, we have, I have, in our Amendments, producing what is in effect the sixth constitution of the united states, which restores the original design as yet ANOTHER European continent of loosely federated states, under the natural law, unified only for the purposes of defense, debt capacity, dispute resolution, and trade. And in these, our amendments, we have repaired the six errors of the first constitution, as well as all those errors that have crept in since. And we have done so primarily because:

    1 – the 20th century experiments in integrating non-European peoples, even non-protestant peoples, has been a failure. Just as the experiment in extending our rule of law, democracy, and markets in everything has been a failure. With the only exports being our administrative, technological and scientific innovations.

    2 – the European era of expansion, and our accumulated intellectual, institutional, and technological advantage, other than our genetic and cultural advantage, has been distributed to the world in order to drag them out of primitivism: superstition, ignorance, hard labor, poverty, starvation, disease, early death, endemic warfare, and frequent victimization by nature.

    3 – And so we can no longer afford to absorb the costs of not only policing the world patterns of finance and trade, but we cannot afford to absorb the unfit into our civilization without following the roman empire into collapse for the same reason. The only thing that distinguishes the invasions of Rome because of the great migrations Rome made possible, is that the barbarians among us fight with political weaponry of Democracy and the ideology of the left, rather than bronze and iron weaponry. Even though, like the barbarians, it is the benefits of the civilization they destroy that they seek. So, welcome to the next declaration, the next reconstruction, and the restoration of western civilization. It will provide renaissance benefits to the middle, to our own bottom, and It will come at high cost to the elites and their mercenaries (immigrants), who war against us by demographic, ideological, political and financial means. Those all before us, and those all yet to be, beg us to defend them. And this time we shall not let Rome fall nor let the enemy, with it’s plan to undermine our people yet again, survive to commit yet another crime, another day. Welcome to the Revolution, Restoration, and Renaissance.       

  • The Choice – Episode 0020 – Germanic Origins of The American Constitution – Our Germanic Origins Part Two

    Video

    Audio

    (Download)

     

    Script

     

    Welcome to The Choice – Episode 0020 – Germanic Origins of The American Constitution – Our Germanic Origins Part Two – I’m Curt Doolittle.

    0) Western, west indo european, or Aryan, civilization, begins five thousand years ago as the economics and politics of herders on the steppe sought to manage increasing numbers, and organized as entrepreneurial pastoralists and warriros both. As I’ll explain in detail elsewhere, the economics, ethics, and politics of cattle raiders, Vikings, Pirates is and an upper caste of professional warriors is deterministic.  

    0.1) From that Aryan political economy we first record the hitties and the mycenean greeks, then afater the bonze age collapse, the hellenic greeks, then the Romans, with the ‘purest’ form of Aryan political economy in the early state of Sparta, early rome, and middle athens, before we see  the later roman develop the professional state.

    1) But Germanic political civilization begins with the Frankish nobility’s attempt to restore Roman order in Europe in the 600’s. Anglo civilization was part of germanic civilization until about 1830 or so b/c of Napoleon’s ‘total war’ on european civilization: The Holy Roman Empire.

    2) The Holy Roman Empire wasn’t holy, wasn’t roman, and wasn’t an empire. It was a confederation of germanic peoples and their micro-states, under an emperor, under manorial law for serfs, germanic rule of law for freemen, church as a weak judiciary for states, and emperor-judge.

    3) American history is that of the anglo branch of the germanic people (anglo, scandinavian, low contries, high, middle, and low german, and parts of today’s austria, france and poland.)

    4) The combination of the Great Fiction of the Enlightenment (the french murder of the aristocracy, seculariazation of the church, and adoption of church mission and bueaucracy), and the ‘de-germanification’ (French/Jewish) of our education since 1920 or so, ignores our germanic origins.

    5) The USA was as german as english,and the declaration and constitution writtin in both german english, because so many of our people spoke german.

    6) So while we tend to think of ourselves as a British country, (we are), we don’t realize that the British system is the traditional germanic legal system that survived the Napoleonic destruction German civilization, and imposed the state-dominant, Napoleonic legal code instead.

    7) Britain, because of her geography, history, navy, and trade, like the Netherlands, because of their naval trade, was merely the most politically advanced of the germanic states when the french destroyed traditional germanic civilization.

    8) So when the founders settled, founded, and wrote the declaration for, and the constitution for, the united states, it was using the most advanced legal and political system (British), 1000 years of germanic legal tradition, 1000 years of the holy roman empire, with the 5000 years of west indo european legal tradition.

    9) So the united states was organized as another member of the 1000 year history of the germanic peoples and the holy roman empire and it’s sattelites (england, scandinavia, germania, north italy, etc).

    10) with its principle error being nothing more than George Washington’s refusal to be monarch (emperor) over the American ‘micro-states’ like the Germanic princes, kings and emperors were of the germanic microstates.

    11) This failure, and the necessity of creating a ‘presidency’ as temporary bureaucrat rather than intergenerational monarchy as a judge of last resort, leaving the governance of the states to the people therein, set the future in motion.

    12) There is no reason why we cannot devolve the federal government into state(inventory) treasury(finance), military(defense), eliminate the house, convert the senate to the house of governors, and correct washinton’s mistake, or just move under the british throne.

    13) Because perfect government consists of a monarch as judge of last resort (like Elizabeth today), a professional cabinet, a house of the states, and within each state houses for the classes doing as they may in their common interests.

    14) With Military, Treasury, Inter-state judiciary under ‘strictly constructed traditional natural law of the european peoples”, a Professional Cabinet approve by the governors, and monarchy as the judge of last resort.

    15) This is all that is required to return western civilization to its thousands of years of political excellences, with local low power distance, and the optimum incentives for all, and to leave behind the french-catholic and jewish-marxist counter-revolutions against the west.

    -Curt Doolittle
    -The Natural Law
    -The Propertarian Institute

  • The Choice – Episode 0020 – Germanic Origins of The American Constitution – Our Germanic Origins Part Two

    Video

    Audio

    (Download)

     

    Script

     

    Welcome to The Choice – Episode 0020 – Germanic Origins of The American Constitution – Our Germanic Origins Part Two – I’m Curt Doolittle.

    0) Western, west indo european, or Aryan, civilization, begins five thousand years ago as the economics and politics of herders on the steppe sought to manage increasing numbers, and organized as entrepreneurial pastoralists and warriros both. As I’ll explain in detail elsewhere, the economics, ethics, and politics of cattle raiders, Vikings, Pirates is and an upper caste of professional warriors is deterministic.  

    0.1) From that Aryan political economy we first record the hitties and the mycenean greeks, then afater the bonze age collapse, the hellenic greeks, then the Romans, with the ‘purest’ form of Aryan political economy in the early state of Sparta, early rome, and middle athens, before we see  the later roman develop the professional state.

    1) But Germanic political civilization begins with the Frankish nobility’s attempt to restore Roman order in Europe in the 600’s. Anglo civilization was part of germanic civilization until about 1830 or so b/c of Napoleon’s ‘total war’ on european civilization: The Holy Roman Empire.

    2) The Holy Roman Empire wasn’t holy, wasn’t roman, and wasn’t an empire. It was a confederation of germanic peoples and their micro-states, under an emperor, under manorial law for serfs, germanic rule of law for freemen, church as a weak judiciary for states, and emperor-judge.

    3) American history is that of the anglo branch of the germanic people (anglo, scandinavian, low contries, high, middle, and low german, and parts of today’s austria, france and poland.)

    4) The combination of the Great Fiction of the Enlightenment (the french murder of the aristocracy, seculariazation of the church, and adoption of church mission and bueaucracy), and the ‘de-germanification’ (French/Jewish) of our education since 1920 or so, ignores our germanic origins.

    5) The USA was as german as english,and the declaration and constitution writtin in both german english, because so many of our people spoke german.

    6) So while we tend to think of ourselves as a British country, (we are), we don’t realize that the British system is the traditional germanic legal system that survived the Napoleonic destruction German civilization, and imposed the state-dominant, Napoleonic legal code instead.

    7) Britain, because of her geography, history, navy, and trade, like the Netherlands, because of their naval trade, was merely the most politically advanced of the germanic states when the french destroyed traditional germanic civilization.

    8) So when the founders settled, founded, and wrote the declaration for, and the constitution for, the united states, it was using the most advanced legal and political system (British), 1000 years of germanic legal tradition, 1000 years of the holy roman empire, with the 5000 years of west indo european legal tradition.

    9) So the united states was organized as another member of the 1000 year history of the germanic peoples and the holy roman empire and it’s sattelites (england, scandinavia, germania, north italy, etc).

    10) with its principle error being nothing more than George Washington’s refusal to be monarch (emperor) over the American ‘micro-states’ like the Germanic princes, kings and emperors were of the germanic microstates.

    11) This failure, and the necessity of creating a ‘presidency’ as temporary bureaucrat rather than intergenerational monarchy as a judge of last resort, leaving the governance of the states to the people therein, set the future in motion.

    12) There is no reason why we cannot devolve the federal government into state(inventory) treasury(finance), military(defense), eliminate the house, convert the senate to the house of governors, and correct washinton’s mistake, or just move under the british throne.

    13) Because perfect government consists of a monarch as judge of last resort (like Elizabeth today), a professional cabinet, a house of the states, and within each state houses for the classes doing as they may in their common interests.

    14) With Military, Treasury, Inter-state judiciary under ‘strictly constructed traditional natural law of the european peoples”, a Professional Cabinet approve by the governors, and monarchy as the judge of last resort.

    15) This is all that is required to return western civilization to its thousands of years of political excellences, with local low power distance, and the optimum incentives for all, and to leave behind the french-catholic and jewish-marxist counter-revolutions against the west.

    -Curt Doolittle
    -The Natural Law
    -The Propertarian Institute

  • This law would result in the professionalization of all journalism across the sp

    This law would result in the professionalization of all journalism across the spectrum, such that all public speech was effectively court testimony, and given the harms from failure of due diligence, would require insurance for journalists.This would clean journalism within 1 yr. https://twitter.com/curtdoolittle/status/1329606620893077505

  • The purpose of our proposed law of public speech, to the public, in matters publ

    The purpose of our proposed law of public speech, to the public, in matters public, especially for profit, is to force involuntary warranty of due diligence against error, bias, deceit, fraud, suggestion, obscurantism, fictionalism, and circumvention of market competition. https://twitter.com/curtdoolittle/status/1329606095707533313

  • What generates political demand for each of the following: 1. rule of law, 2. ru

    What generates political demand for each of the following: 1. rule of law, 2. rule of legislation, and 3. posltive law: rule by command? Here is the answer. https://t.co/XrwfpZgEZc


    Source date (UTC): 2020-11-20 01:58:52 UTC

    Original post: https://twitter.com/i/web/status/1329605095391174658

  • Curt: What is the difference between rule of law and rule by legislation?

    Curt: What is the difference between rule of law and rule by legislation? https://propertarianinstitute.com/2020/11/20/curt-what-is-the-difference-between-rule-of-law-and-rule-by-legislation/


    Source date (UTC): 2020-11-20 01:37:26 UTC

    Original post: https://twitter.com/i/web/status/1329599703235825665

  • Curt: What is the difference between rule of law, rule by legislation, and Discretionary Rule?

    Curt: What is the difference between rule of law, rule by legislation, and discretionary rule? The difference is that there is only one way to construct rule of law – which is just the empirical science of jurisprudence discovered by dispute resolution like any other science. Legislation is not law. It is command. it is command we justify. In theory, the legislators should be limited to the provision of commons and there should be no other laws, because there need be none. The Natural Law is a universal law of behavioral science that we discovered logically and empirically, just as we discovered the logical and physical laws. It consists of: 0. Reciprocity in Display Word And Deed Consisting of survival of the tests of: 1. Productive (reciprocal increase in inventory of interests that save time.) 2. Exhaustively Informed (disclosed) by test of: … 1. Realism(materialism), … 2. Naturalism(natural causes), … 3. indentity consistency(non conflation), … 4. internal consistency (logical), … 5. operational consistency (existentially possible), … 6. external correspondence (meaning empirical consistency), … 7. Rational choice (rationality), … … 8. of action or inaction … … 8. and of Voluntary Transfer (non-coercive) … … 9. of Demonstrated Interests (any interest that you have born a cost by action or inaction in order to obtain that interest, producing that value) … … 10. Free of Imposition of Costs upon the demonstrated interests of others (negative consequences) … 11. reciprocal rational choice (ethics and morality), and … 12. completeness … … consisting of: … … … 13. stating limits, … … … 14. full accounting within them, … … and surviving; … … … 15. competitive parsimony. 16. Reversible and Restitutable upon failure 17. involuntarily warrantied and liable for all of the above. Why? 1. All disputes, without exception, are logically resolvable by the test of reciprocity, and any claim otherwise is an act of crime by parasitism predation upon the interests of others. Reciprocity is a logical necessity. 2. These are the only terms under which there is no incentive to retaliate, producing retaliation cycles, lowering trust, lowering cooperative velocity, increasing transaction costs and generating conflict in the economy and a demand for authority. 3. Rule of Law by the Natural Law of Reciprocity suppresses all involuntary impositions of cost upon the demonstrated intersets of others, forcing us all to cooperate by competitin in adversarial markets for the service of one another, thereby producing the incentive to treat everyone as a possible customer, for association, cooperation, production, reproduction, commons, polities, and defense. But? Markets continue natural selection so those who cannot compete in them must be cared for in exchange for the suppression (prevention) of their reproduction. Why? This process evolves the population in parallel to the rate of our adaptivity (invention, technology, cooperation), preventing ignorance, poverty, stagnation, and decline, allowing the maximum well being for all people as we continue to evolve under a condition of maximum opportunity, safety, and joy. Sovereignty is a legal term for the Judge of self-determination of last resort. There are at least the following claims of sovereignty: 1. The sovereignty of the law (individuals) – for sovereign individuals. 2. The sovereignty of parliament (representatives) – for unsovereign citizens 3. The sovereignty of the State (authorities) – for unfree serfs There are at least three theories of law: 1. Rule by Natural Law of self-determination by sovereignty and reciprocity (tort) 2. Rule by Legislation: Legitimate Law, say, of Democratic Parliaments 3. Rule by Command: Arbitrary law by any given authority These are produced by: 1. Findings of Law by the Court (Law proper, juridical science) 2. Legislative Contract (Legislation), requiring legislative process. 3. Authoritarian Command (Command), requiring any arbitrary authority (regulation) and: 4. Regulation: general rules for the administration and enforcement of law, legislation, or command Under Conditions of: 1. Windfalls (periods of wealth) 2. Productivity (periods of peace and productivity) 3. Transformation (periods of necessary rapid adaptation to external conditions) 4. War (periods of war of any kind) However, there are only really two theories: 1. Natural Law of Reciprocity (tort) (as a going concern) 2. Arbitrary or “Positive” Law (as in transformational periods) And one necessity: 3. Arbitrary (military) Command (as in war) Legitimizing law and Arbitrary Law are just different excuses for not using natural law. 😉 Rule of Law, of Natural Law, Where the Law is Sovereign is the only possible Rule of Law. 1. Construction from self-determination by sovereignty and reciprocity 2. By findings of the Court Under the natural law of reciprocity consisting of self-determination by sovereignty and reciprocity 3. By negotiation of Legislation between groups, Consisting of Contracts Of The Commons, And Adjudicated as Legislative Contracts – not law 4. By regulations administering and enforcing contracts of the commons, approved by the legislature and the Court . 5. By Command of the Military in time of war or peace necessary for the defense of the demonstrated interests of the people. Because the perfect government is one that escalates to war, de-escalates into transformation, de-escalates further into peace, and plunges into windfalls Where those findings of the court, legislative contracts of the commons, and regulations pass the tests of: 1. General (universal) – not specific – to an individual or group. 2. Equally applicable, and exceptionless 3. Prospective, meaning non-retroactive (no law no crime) 4. Understandable, well-known, and not-secret or obscured. (no entrapment) 5. Possible to obey (no hazard) 6. Enforcible (not just symbolic) 7. Certain (predictable) and 8. Warrantied by the signatories as within the natural law. (this prevents incrementalism) The reason for differences and the problem in the US constitution is: 1. The common law is stated, but not defined. 2. The common law is the Natural Law is implied, but is not stated. 3. It doesn’t define the term natural right from the contractual or legislative right. 4. It specifies rights but rarely obligations. 5. It requires enumeration of rights because it doesn’t define the foundations of natural law, the common, law or rights, thus leaving them open to interpretation. 6. It does not require the court to test legislation for constitutional legality. 7. It provides no means for the court to return undecidable cases to the legislature, thus creating the problem of legislation from the bench. 8. It doesn’t maintain the British barrister vs advocate and the pursuit of truth vs victory, which has created all the distrust of the jury system, because of the malincentives of lawyers. 9. It doesn’t provide for the right of DISASSOCIATION which is the cause of most of our present social problems – because it eliminates the normative marketplace. 10. It doesn’t make the elective Sherrif the enforcer of the courts decisions and therefore a least line of defense against an irresponsible state. The Optimum Government consists of : 1. A universal, trained, militia in reserve, a citizen corps for administration, logistics, supply, and support enlisted at will, a permanent professional fighting military 2. Rule of Law by the Natural Law Administered by an Independent, Professional “Cult” of the Law, with criminal, family, civil, commercial, administrative (state), and military courts. 3. A monarchy as the judge of last resort (see Elizabeth), empowered to restore the law because of violations of the law in the event of military, state, and civil failure. 4. A professional cabinet that administers the offices of the state. 5. A house for each of the classes and sexes, for facilitating contracts of the commons. 6. A treasury for the assets of the polity and facilitation of finance, cooperation and trade. 7. An Insurer of last resort for the unfortunate. 8. An Education system in: … 1. fitness, hygiene, dress,  manners, ethics, and morals, and testimony (truth). … 3. reading, writing, money, accounting, contract and law, mathematics, engineering and economics, politics(commons) and war. … 2. the ‘Grammars’ (logics) of the formal, physical, natural, and evolutionary sciences, and the grammars of deceit. 9. A “religion” consisting of training by the sacred (prohibition on self-satisfaction), mythology (group strategy as narrative), ritual, oath, feast,and festival, that provides intellectual, emotional, and social mindfulness regardless of ability in exchange for the observance of the laws of the universe. Where, as in Rome; 1. The military takes authority in time of war at the expense of the totality of the people (discretionary rule) 2. The courts regulate the people and the economy (means of cooperation) (rule of law) 3. The state produces commons for the people (families, not individuals) and generations that follow (classical liberalism) 4. The legislatures decide what to do with windfalls (unexpected profits) but may not create enduring dependencies. Where the Houses of the classes operate by: 1. Production of Legislation by the Cabinet 2. Production of Legislation by Representatives (now) 3. Production of Legislation by the citizenry. And; 1. Direct or representative economic democracy 2. Direct or representative proportional economic democracy 3. Direct or representative proportional democracy (now) or; Where the people merely assent or veto legislative proposals. 1. Direct or representative economic assent or dissent 2. Direct or representative proportional economic assent or dissent 3. Direct or representative proportional assent or dissent Where the people merely assent or veto to appropriations THE IMPORTANT BITWhat Creates Demand For Rule of Law, Rule of Legislation, or Rule of Command?

    1. Rule of Law: a homogenous, ethnocentric, polity with less than 5m people
    2. Rule of Legislation, an homogenous, ethnocentric, polity with more than 5m people.
      3. Rule of Command: a heterogeneous, multicultural polity of any size.

    Why? Homogeneity or Heterogeneity of the Population.

    1. The government provides a market for commons under rule of law and only seeks to select priorities for scarce resources among people with nearly identical interests and where differences are mediated by the non-objection of redistribution in favor of kin selection
    2. If the population is large enough that there are competing economic interests then legislation can function as a means of performing trades between people willing to compromise, who find no benefit in access to power, and find benefit in mutual satisfaction due to kin selection.
    3. If the population is diverse, has different demographic distributions (abilities), are unequal in competition in the markets, unequal in tax contribution, seek access to power, and are in political competition, then the authoritarian government is necessary.

    This is a natural law at scale. I hope you found this useful.