Category: Law, Constitution, and Jurisprudence

  • So, the reason for “productive” is to prevent such as blackmail, “fully informed

    So, the reason for “productive” is to prevent such as blackmail, “fully informed” to prevent fraud by omission, and “warrantied” for baiting into hazard, and within limits of restitution – to limit export of risk, and externalities, to force due diligence.


    Source date (UTC): 2019-12-16 04:58:26 UTC

    Original post: https://twitter.com/i/web/status/1206438410665283586

    Reply addressees: @Abhiman11678846

    Replying to: https://twitter.com/i/web/status/1206437638128984064


    IN REPLY TO:

    Unknown author

    @Abhiman11678846 There is however a test of due diligence – which is what we do every day, and why we have insurance and regulation (prior constraint), and actuarial data. That said, we hold people accountable for their actions regardless. just requiring only restitution – not punishment.

    Original post: https://x.com/i/web/status/1206437638128984064


    IN REPLY TO:

    @curtdoolittle

    @Abhiman11678846 There is however a test of due diligence – which is what we do every day, and why we have insurance and regulation (prior constraint), and actuarial data. That said, we hold people accountable for their actions regardless. just requiring only restitution – not punishment.

    Original post: https://x.com/i/web/status/1206437638128984064

  • There is however a test of due diligence – which is what we do every day, and wh

    There is however a test of due diligence – which is what we do every day, and why we have insurance and regulation (prior constraint), and actuarial data. That said, we hold people accountable for their actions regardless. just requiring only restitution – not punishment.


    Source date (UTC): 2019-12-16 04:55:22 UTC

    Original post: https://twitter.com/i/web/status/1206437638128984064

    Reply addressees: @Abhiman11678846

    Replying to: https://twitter.com/i/web/status/1206435042110492672


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    Original post on X

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    Original post: https://twitter.com/i/web/status/1206435042110492672

  • Well, I can appreciate that part of the world’s religion but I do law and I can

    Well, I can appreciate that part of the world’s religion but I do law and I can only testify to what is testifiable. If you have to try to force an explanation of something history has demonstrated universally that you’re concocting a fiction. That’s is fine. But not in law.


    Source date (UTC): 2019-12-16 01:22:25 UTC

    Original post: https://twitter.com/i/web/status/1206384049771692034

    Reply addressees: @YvesBurri

    Replying to: https://twitter.com/i/web/status/1206381595948507141


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    Original post: https://twitter.com/i/web/status/1206381595948507141

  • Restore and Defend Natural Law and Constitution: 1. Increase the requirements fo

    Restore and Defend Natural Law and Constitution:
    1. Increase the requirements for the passage of legislation and regulation, and findings of law by mandating strict construction in… https://www.facebook.com/permalink.php?story_fbid=530523654211196&id=100017606988153


    Source date (UTC): 2019-12-16 00:05:39 UTC

    Original post: https://twitter.com/i/web/status/1206364730631376897

  • BULLET POINTS FOR DISCUSSIONS WITH John Mark. (I want to be more succinct and be

    BULLET POINTS FOR DISCUSSIONS WITH John Mark.

    (I want to be more succinct and better prepared.)

    Definitions and the Law.

    1. End left’s ability to reframe terms by explicitly defining all terms and all behaviors of mankind, using disambiguation operationalization and serialization. Man, woman, marriage, etc.

    2. Explicitly define rule of law, and natural law.

    Restore and Defend Natural Law and Constitution:

    1. Increase the requirements for the passage of legislation and regulation, and findings of law by mandating strict construction in operational language from natural law of reciprocity; involuntary warranty and liability by signatories;

    2. Limit the scope of interpretation of Natural law, constitution, legislation, regulation, and findings of law to declared scope.

    3. Require passage of regulation by same process and same terms as legislation.

    4. Provide a means by which the court returns undecidable legislation to the legislature (state).

    5. Restore universal Juridical Defense in Favor of Citizen in Matters, and eliminate prior restraint.

    6. Restore universal standing in matters of the commons – especially to sheriffs.

    7. Restore Sheriffs, Deputies, Deputized, Posse, Warrants, and, Letters of Marque. (universalize law enforcement again)

    8. Classify crimes by time rather than just severity and require explanation.

    9. End malincentives, by ending tickets as source of revenue. End confiscation as source of revenue.

    11. De-militarize the police forces, increase their numbers, and emphasis (european model) on de-escalation. End one man one car dangers.

    De-Disinformation the Informational Commons: Prohibit False and Irreciprocial Display Word and Deed in public to the public in matters public.

    1. Criminalize attempts to undermine natural law and constitution, and western civilization’s dependence upon them. (This is profound)

    2. Restore zero tolerance defamation (libel and slander)

    3. Criminalize Baiting into Hazard (This is profound. This one ‘right’ and obligation’ will restore most moral behavior to the public.)

    4. Require Truthful reciprocal warranteed speech in to the public in matters public (This is profound – it will restore news and end gossip)

    Prohibit Rent Seeking

    1. Prohibition on (criminalize) Rent-Seeking (this is profound, especially combined with restoration of standing, and the end to consumer interest.)

    De-politicize Our Civilization:

    1. Restore the Constitution and all constitutions of western civilization to local rather than central.

    2. Limit the Power Distance between citizen and state.

    3. Limit the Continental (Federal) government to insurer of last resort (Military, Infrastructure, Treasury, Disaster Insurance, and Basic Research)

    4. Convert “Blue” (immigrant) cities to city states (ghettos).

    5. Reorganize states by district or neighborhood (facility switching states, and new state formation, with only minimum of 300k population).

    6. Add Possibility of Bankruptcy for States (except for debt to the treasury).

    7. Require six generations for political participation; require three children, military service, for lower house, and employment of ten non-family for middle house, and territorial investment for upper house (senate).

    8. If at all possible restore an inherited monarchy as a judge of last resort, from any existing european family line, or any intergenerational militaery family.

    De-Taxification (Tax Reformation) and Financial Easing

    1. End employer-employee separation of payroll taxes, and make visible full payroll tax, payment through the employee..

    2. Treasury guarantees SMB float, and move float to 180 days.

    3. In the event of bank failure treasury (FDIC) protects the borrower not the lender, and forgives all debts (yes really).

    4. Forgive all back taxes (refresh) and as above, restore juridical defense in tax defense.

    5. Eliminate taxes for independent laborers, craftsment.

    6. Eliminate taxes on social security.

    De-financialize our civilization.

    1. Specifically outlaw profiting at the expense of the commons, including socialization of losses, privatization of commons, or impositions of costs upon the commons. This is something the fascists sought to do and were right about.

    2. Eliminate consumer interest, by direct loans from the treasury for capital (not entertainment) goods.

    3. Distribute liquidity (money supply) directly to citizens (consumers) who then force companies to compete for their efforts, rather than consumers compete for paying interest.

    4. Lender Beware except in the case of fraud.

    5. Move capital to people not people to capital.

    Restore the Family

    1. End common property, alimony, child support.

    2. Restore liability for interference in a marriage.

    3. Declare children as wards – limited property.

    4. Restore family responsibility for actions of children.

    7. Restore Intergenerational retirement funding. (incentive to reproduce, ie: social security determined by child contribution).

    8. Eliminate inheritance taxes (restore family businesses, intergenerational households)

    9. Mandatory closure on Primary Holidays (restore the family)

    10.

    Restore Research into Human Excellences

    1. Restore Research into Soft Eugenics

    2. Pay underclasses not to reproduce and withdraw payments if they do.

    3. Require sterilization in exchange for subsidy.

    Reform Consumer protection

    1. Right to repair for ten years.

    2. Full Warranty on Durable Goods of 25 years.

    3. Prohibition on punitive, punishment fees.

    4. Full info of vendor for every charge to card

    5. Ability to comment on any card payment.

    6. Prohibition On Churning.

    7. Terms under which consumer goods are infrastructure

    8. Independent Contract for A Youtube, A Facebook, and a Google as infrastructure free of advertising.

    9. maximum wait ties for all govt services.

    11. all govt and financial services open from 8am to 10pm.

    12. Prohibition on interruption advertising. Prohibition on environmental advertising. Limit to destination advertising.

    (You won’t understand this without further explanation but it’s part of restoring the economy by driving up quality and prices and driving out disposable, designed to fail, foreign goods.)

    Reform the Corporation

    1. Shareholders are not owners, they are purchasing an interest in value preservation, gains, and dividends.

    2. All employees, suppliers, vendors liable for crimes.

    3. All employees vendors contractors are liable for speech made to customers

    4. Any employe interacting with a customer must

    5. End leveraged buyouts and hold investors liable.

    6. Mandate Founder, employee, bank, tax, then investor liquidation preference

    (This is not going to make sense to you without explanation, but we are trying to reform the investment community so that it must pursue longer term returns.)

    Reforming Accounting

    1. Reform all biz, banking, govt, financial Calendar to 4 weeks and 13 months. (Repeating 2000 drama)

    2. Require Traceable Accounting Systems (explained elsewhere)

    3. Separate cash, Asset, going concern (credit), tax, and net reporting.

    Reforming Economics

    1. Four economies not one. Independent, market, sub-market, and ex-market. Move vast labor pool into production and maintenance of aesthetic commons – make the country a european park again. (Restore

    2.

    Re-Socialization, Restoration of Civil Society

    1. Restore voluntary association and dissociation in all life in all conditions by any criteria.

    Re-Integration of Western Civilization (De-Multiculturalism and De-Jewish Cosmopolitanism, De-Islamization.)

    0. Follow asian model of full integration or exit.

    1. Restore pre-65 immigration requirements.

    2. Require demonstrated integration

    3. Limit integration to highly skilled professionals.

    4. End Birth and Chain Migration

    5. Rescind post 65 immigration of non-europeans to residents and withdraw citizenship for the entire family line.

    6. Limit to only English Language or eventually repatriate.

    7. Follow russian model of adding ethnicity to birth, id, passport, and separate earned citizenship, kin citizenship, resident, and dependent.

    6. Christianity (god/savior debt), European Traditional Paganism (Nature, Hero Debt), European Traditional Heathenism (nature and ancestor debt), Secularism (Genetic, Civilization, Heroes, Ancestor, Nature Debt), as state religions. Prohibit and remove all other religions from the commons.

    Re-Militarize and Re-Civilize the Polity and Commons

    1. Restore military (militia) service in the swiss model.

    2. Restoration of the Regimental System (local)

    3. Restore military to youth in schools and universities.

    4. Clarify Bearing Arms

    —“1 – The Right and Obligation of Citizens to Keep and Bear Arms exclusive of chemical, biological, and nuclear weapons of mass destruction, at all times, an all locations, shall not be infringed. “—

    —“2 – The Right and Obligation of all men who are able and citizens between 16 and 65 to keep and bear necessary and sufficient arms and ammunition, and to remain disciplined in their use, and fit to use them in defense of the people and their interests shall not be infringed.”—

    5 – Specific Right and Obligation of Defense (Every Man a Sheriff.) “Right and Obligation of Defense of Private and common.”

    Reform Education by Re-Socialization, Re-Competitoin, and Re-Apprenticeship through simulation and Integration.

    1. Mandatory training in Mindfulness, Testimony (the grammars), The Means of Deceit, constitution, law, money, finance, economics.

    2. Privatize education, Vouchers,

    IF RESISTANCE

    1. Privatize the government for pre-65, Christian Europeans, and ex slave families, and convert everyone else to residents.


    Source date (UTC): 2019-12-15 19:05:00 UTC

  • Public humiliation is more effective than imprisonment for people with antisocia

    Public humiliation is more effective than imprisonment for people with antisocial but not criminal behavior.


    Source date (UTC): 2019-12-14 22:05:58 UTC

    Original post: https://twitter.com/i/web/status/1205972225049931778

    Reply addressees: @ClownBa73413423

    Replying to: https://twitter.com/i/web/status/1205971885013516291


    IN REPLY TO:

    @FullAccountant

    @curtdoolittle It would be nice to bring back these hilarious forms of punishment. A civic event I could gladly attend for once.

    Original post: https://twitter.com/i/web/status/1205971885013516291

  • DEFINITION: SCOLDING, SCOLD, SCOLDS, SHREWS (disturbing the peace and harmony of

    DEFINITION: SCOLDING, SCOLD, SCOLDS, SHREWS
    (disturbing the peace and harmony of the commons)

    A medieval offense; women who were verbally disputative; who incited or agitated against the… https://www.facebook.com/permalink.php?story_fbid=529614634302098&id=100017606988153


    Source date (UTC): 2019-12-14 20:31:29 UTC

    Original post: https://twitter.com/i/web/status/1205948447297290240

  • Good example of spare the rod and spoil the child. I’ve never been one to limit

    Good example of spare the rod and spoil the child. I’ve never been one to limit myself the the rule of thumb. Scolds should be disciplined and put in stocks where they can be made use of by any passer by. 😉


    Source date (UTC): 2019-12-14 20:12:42 UTC

    Original post: https://twitter.com/i/web/status/1205943720346079238

    Reply addressees: @NoelleThePUP @gypsyhrt

    Replying to: https://twitter.com/i/web/status/1205941204053045250


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    Original post: https://twitter.com/i/web/status/1205941204053045250

  • Well, I’m all for creative commons, otherwise someone is profiting from your wor

    Well, I’m all for creative commons, otherwise someone is profiting from your work. But it’s very hard to argue that copyright should be extended to anything that is copyable. Even patents outside of drug research, technological research, or scientific research are simply rents.


    Source date (UTC): 2019-12-14 18:37:06 UTC

    Original post: https://twitter.com/i/web/status/1205919660102868993

    Reply addressees: @waspuppet

    Replying to: https://twitter.com/i/web/status/1205918525988253696


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    Original post: https://twitter.com/i/web/status/1205918525988253696

  • DEFINITION: SCOLDING, SCOLD, SCOLDS, SHREWS (disturbing the peace and harmony of

    DEFINITION: SCOLDING, SCOLD, SCOLDS, SHREWS

    (disturbing the peace and harmony of the commons)

    A medieval offense; women who were verbally disputative; who incited or agitated against the public peace.

    Related Terms: Ducking Stool, Common Scold, Scold. The convicted were called common scolds, or just scolds or even shrews.

    “A troublesome and angry woman who, by brawling and wrangling amongst her neighbours, breaks the public peace, increases discord and becomes a public nuisance….”

    Andrews, in his book Old Time Punishments explains why the medieval English even cared about scolding and scolds:

    “It is clear, from a careful study of the history of medieval times, that virtue and amiability amongst the middle and lower classes, generally speaking, did not prevail. The free use of the tongue gave rise to riots and feuds to such an extent that it is difficult for us to realize at the present day. A strong feeling against scolding woman came down to a late.”

    He also quotes from a 1467 Leicester city ordinance which provided that:

    “… scolds to be punished by on a cuck-stool before their own doors and then carried to the four gates of the town.”

    Usual punishment for scolding was either cucking stool or a ducking stool or even the imposition of a brank for a period of time. For men who incited unrest or were disputative, the typical punishment was a period of time in the stocks or the brank.

    Scolding and bad speech were coded as feminine offences by the late medieval period. Women of all marital statuses were prosecuted for scolding, though married women featured most frequently, while widows were rarely labelled scolds.

    Women who were also charged with other offences, such as violence, nightwandering, eavesdropping or sexual impropriety were also likely to be labelled scolds.

    Individuals were frequently labelled ‘common scolds’, indicating the impact of their behaviour and speech on the whole community.

    Men accused of scolding were often charged alongside their wives. Helen, wife of Peter Bradwall scolded Hugh Welesson and Isabel, his wife, in Middlewich in 1434, calling Isabel a “child murderer” and Hugh a “skallet [wretched] knave”. Isabel and Hugh also scolded Helen, calling her a “lesyng blebberer” (lying bletherer).

    All parties were fined for the offences, though Hugh and Isabel were fined jointly. Like women, male scolds were often accused of many other offences, such as fornication, theft, illegal trading, and assault.

    Karen Jones identified 13 men prosecuted for scolding in Kent’s secular courts, compared to 94 women and 2 couples.

    LATER PUNISHMENTS OF SCOLDING

    Later legal treatises reflected the dominance of scolding as a female offence. In the Commentaries on the Laws of England, Blackstone says of this offence:

    A common scold, communis rixatrix, (for our law-latin confines it to the feminine gender) is a public nuisance to her neighbourhood. For which offence she may be indicted; and, if convicted, shall be sentenced to be placed in a certain engine of correction called the trebucket, castigatory, or cucking stool, which in the Saxon language signifies the scolding stool; though now it is frequently corrupted into ducking stool, because the residue of the judgment is, that, when she is so placed therein, she shall be plunged in the water for her punishment.

    — Bl. Comm. IV:13.5.8, p. *169

    The prescribed penalty for this offence involved dunking the convicted offender in water in an instrument called the “cucking stool”. The cucking stool, according to Blackstone, eventually became known as a ducking stool by folk etymology.

    The Domesday Book notes the use of a cucking stool at Chester, a seat also known as cathedra stercoris, a “dung chair”, whose punishment apparently involved exposing the sitter’s buttocks to onlookers. This seat served to punish not only scolds, but also brewers and bakers who sold bad ale or bread, whereas the ducking stool dunked its victim into the water. Francois Maximilian Misson, a French traveller and writer, recorded the method used in England in the early 18th century:

    The way of punishing scolding women is pleasant enough. They fasten an armchair to the end of two beams twelve or fifteen feet long, and parallel to each other, so that these two pieces of wood with their two ends embrace the chair, which hangs between them by a sort of axle, by which means it plays freely, and always remains in the natural horizontal position in which a chair should be, that a person may sit conveniently in it, whether you raise it or let it down. They set up a post on the bank of a pond or river, and over this post they lay, almost in equilibrio, the two pieces of wood, at one end of which the chair hangs just over the water. They place the woman in this chair and so plunge her into the water as often as the sentence directs, in order to cool her immoderate heat.

    The ducking stool, rather than being fixed in position by the river or pond, could be mounted on wheels to allow the convicted woman to be paraded through the streets before punishment was carried out.

    Another method of ducking was to use the tumbrel, which consisted of a chair on two wheels with two long shafts fixed to the axles. This would be pushed into the ducking pond and the shafts would be released, tipping the chair up backwards and ducking the occupant.

    A scold’s bridle, known in Scotland as a brank, consists of a locking metal mask or head cage that contains a tab that fits in the mouth to inhibit talking. Some have claimed that convicted common scolds had to wear such a device as a preventive or punitive measure.

    Legal sources do not mention them in the context of the punishment of common scolds, but there are anecdotal reports of their historical use as a public punishment.

    In 17th-century New England and Long Island, scolds or those convicted of similar offences—both men and women—could be sentenced to stand with their tongue in a cleft stick, a more primitive but easier-to-construct version of the scold’s bridle, but the ducking stool also made the trip across the Atlantic.


    Source date (UTC): 2019-12-14 15:31:00 UTC