Category: Law, Constitution, and Jurisprudence

  • ENDING FALLACIES OF ARGUMENTATION AND ESTOPPEL: THE LESSON 1) You cannot OWN any

    ENDING FALLACIES OF ARGUMENTATION AND ESTOPPEL: THE LESSON

    1) You cannot OWN anything without an insurer (violence) capable of insuring it against all *anticipatable* alternatives.

    2) You can possess something in fact without an insurer (numbers).

    3) You cannot possess a right of enforcement (property right) without an insurer.

    4) Ownership consists of a normative and institutional contract (or demand) for the suppression of parasitism, and the insurance thereof.

    5) Therefore ownership can only exist as a social and political construction, with ownership in fact and property ‘rights’ agreed to among the members of the society and polity.

    This is why terms matter so much when making arguments. If your premises are false so will be your conclusions. The premise of self ownership is false. Your body possesses your mind, and your mind exerts control over your body. But whomever owns your body and your mind is determine by those who possess the force necessary to do so. It can’t be otherwise.

    As Eli Says:

    —“non-aggression is a ground rule of argument. (If someone commits aggression it’s no longer an argument, but something else)”–

    In other words by cooperating in argument rather than boycotting argument, and forgoing violence, you are demonstrating cooperation. There exist only three possible relations (avoidance, cooperation, conflict).

    The problem is that people largely engage in falsehood in argument, so in that case are we cooperating, or are we in conflict at lower cost.

    Hoppe is stating a TAUTOLOGY (a circular definition). So again, hoppe is stating a requirement (law) that is necessary in the construction of Law proper. It’s entirely circular. It’s a SHOULD argument not an IS argument.

    Eli is showing that if you make an IS argument, (one that is externally correspondent, rather than only internally consistent) then you can only create a polity with liberty with violence, and economic necessity dictates that you can only produce sufficient violence to repel competitors with sufficient wealth, and you can only produce sufficient wealth with commons. And you can only produce commons if people cannot defect from payment for those commons in both service (fighting) and resources.

    In other words, you can’t produce a libertarian polity that can survive market competition for territory with other polities, which is why there have never existed such polities except on the frontier of a state powerful enough to prohibit competitors to the territory, yet insufficient wealth to settle, police, govern, and provide infrastructure for it. hence why the only examples of antyng approaching a libertarian fantasy are borderlands of empires.

    As such one only possesses liberty by permission of powers, who grant such liberties to excess population in exchange for the labor and investment of settlement of borderland territories.

    in other words, all libertarianism is just another (((diasporic))) people’s fantasy of preserving (((pastoralism))) and a normative and cultural bias in favor of consumption rather than investment in the commons. So just as communism eliminates private property by wishful thinking, libertarianism eliminates required common property by wishful thinking.

    The Militia produces sovereignty in fact, not liberty by permission for its members, if sufficient investment in commons and sufficient prevention of defection is produced.

    Thus Endeth The Lesson.


    Source date (UTC): 2018-04-23 11:43:00 UTC

  • Support for Natural Law

    by Daniel Roland Anderson And we have a mechanism for correcting non-correspondence of the constitution with natural law: the Amendment process—which won’t work in our current demographic situation. Do you know many judges you’d trust to implement Natural Law over the plain text of the document? I don’t. When I hear a “constitutionalist” go on about Natural Law, it’s 99.9% ignorant blather. Curt is the first guy in years to use the term Natural Law in a way that doesn’t make me want to punch someone. I suspect Curt provides for decidability whereas others use Natural Law to stand in for “whatever I think is good right now.” Curt has done great things for the Common Law that many constitutionalists would throw out with the bathwater if judicial abuse of discretion. (CD: Bingo)

  • Support for Natural Law

    by Daniel Roland Anderson And we have a mechanism for correcting non-correspondence of the constitution with natural law: the Amendment process—which won’t work in our current demographic situation. Do you know many judges you’d trust to implement Natural Law over the plain text of the document? I don’t. When I hear a “constitutionalist” go on about Natural Law, it’s 99.9% ignorant blather. Curt is the first guy in years to use the term Natural Law in a way that doesn’t make me want to punch someone. I suspect Curt provides for decidability whereas others use Natural Law to stand in for “whatever I think is good right now.” Curt has done great things for the Common Law that many constitutionalists would throw out with the bathwater if judicial abuse of discretion. (CD: Bingo)

  • by Daniel Roland Anderson And we have a mechanism for correcting non-corresponde

    by Daniel Roland Anderson

    And we have a mechanism for correcting non-correspondence of the constitution with natural law: the Amendment process—which won’t work in our current demographic situation.

    Do you know many judges you’d trust to implement Natural Law over the plain text of the document?

    I don’t.

    When I hear a “constitutionalist” go on about Natural Law, it’s 99.9% ignorant blather. Curt is the first guy in years to use the term Natural Law in a way that doesn’t make me want to punch someone.

    I suspect Curt provides for decidability whereas others use Natural Law to stand in for “whatever I think is good right now.”

    Curt has done great things for the Common Law that many constitutionalists would throw out with the bathwater if judicial abuse of discretion.

    (CD: Bingo)


    Source date (UTC): 2018-04-21 12:04:00 UTC

  • “Natural law, where it conflicts, must supersede the plain text of the constitut

    —“Natural law, where it conflicts, must supersede the plain text of the constitution.”— Zachary Miller

    Yep.

    The constitution either reflects natural law or it is an irreciprocal contract and therefore CANNOT BE A CONSTITUTION of natural law. Ergo, no constitutional construction may violate the natural law of reciprocity.


    Source date (UTC): 2018-04-21 12:02:00 UTC

  • constitution was the best yet written, because it attempted to create a “third w

    https://www.quora.com/Do-all-Americans-realise-how-lucky-they-are-For-all-their-shortcomings-they-have-a-prosperous-beautiful-land-with-many-different-ideas-and-people-The-Constitution-which-protects-their-rights-e-g-free-speech-which-is/answer/Curt-Doolittle?share=ffbf12ed&srid=u4QvOur constitution was the best yet written, because it attempted to create a “third way” alternative to church or state under Natural Law – a middle class country – but it has been fairly easy to circumvent for the simple reason that the supreme court has no vehicle for ‘returning law to the congress’, and therefore can legislate from the bench. As far as I know the basis of common law is optimum (natural law of tort) and the level of detail in continental law is less open to circumvention.

    Our political system is outright bad, with parties, prime ministers and a monarch empirically superior by all the evidence.

    While conceived as a loose collection of states like europe, we have failed to preserve the independence of the states, and the presidency, and the majority election of the president, has only reinforce that problem.

    As such we have a continent-wide empire where everyone is always angry because each state or region has a different culture with different social, economic, political, and strategic demands.


    Source date (UTC): 2018-04-20 20:31:00 UTC

  • The Constitution – A third way.

    (via Quora) Our constitution was the best yet written, because it attempted to create a “third way” alternative to church or state under Natural Law – a middle class country – but it has been fairly easy to circumvent for the simple reason that the supreme court has no vehicle for ‘returning law to the congress’, and therefore can legislate from the bench. As far as I know the basis of common law is optimum (natural law of tort) and the level of detail in continental law is less open to circumvention. Our political system is outright bad, with parties, prime ministers and a monarch empirically superior by all the evidence. While conceived as a loose collection of states like europe, we have failed to preserve the independence of the states, and the presidency, and the majority election of the president, has only reinforce that problem. As such we have a continent-wide empire where everyone is always angry because each state or region has a different culture with different social, economic, political, and strategic demands. Apr 20, 2018 8:31pm

  • The Constitution – A third way.

    (via Quora) Our constitution was the best yet written, because it attempted to create a “third way” alternative to church or state under Natural Law – a middle class country – but it has been fairly easy to circumvent for the simple reason that the supreme court has no vehicle for ‘returning law to the congress’, and therefore can legislate from the bench. As far as I know the basis of common law is optimum (natural law of tort) and the level of detail in continental law is less open to circumvention. Our political system is outright bad, with parties, prime ministers and a monarch empirically superior by all the evidence. While conceived as a loose collection of states like europe, we have failed to preserve the independence of the states, and the presidency, and the majority election of the president, has only reinforce that problem. As such we have a continent-wide empire where everyone is always angry because each state or region has a different culture with different social, economic, political, and strategic demands. Apr 20, 2018 8:31pm

  • The Only Solution Is Rule of Law (A Priesthood Of Judges)

    Also: The problem for sub saharan africa (and for most of the world) is (a) the tradition of stealing on behalf of your family tribe and clan, and (b) the expression of this tradition in *corruption*. The only fix for corruption is not to demand good people (they don’t exist) but to create good judges. If you demand uncorrupt judges (and kill them if they are not uncorrupt), the judges will prosecute politicians. Until you have an army or police force, and a judiciary that is paid enough that corruption is not ‘valuable’, then it does not matter what government you have. step 1. soldiers who protect the people. step 2. judges who are not corrupt step 3. police (or soldiers) who will enforce the judge’s rule. It is cheaper to create highly paid police and judges than to create a highly paid military. The world is very simple if we stop trying to find good men, and instead, punish people who are bad – leaving only good people able to work in government. Ukraine has the same problem. Every poor country has the same problem. Westerners do not have this problem because we were always a militia – meaning all men fight. This is the secret to western successes. It all begins with our militia.

  • The Only Solution Is Rule of Law (A Priesthood Of Judges)

    Also: The problem for sub saharan africa (and for most of the world) is (a) the tradition of stealing on behalf of your family tribe and clan, and (b) the expression of this tradition in *corruption*. The only fix for corruption is not to demand good people (they don’t exist) but to create good judges. If you demand uncorrupt judges (and kill them if they are not uncorrupt), the judges will prosecute politicians. Until you have an army or police force, and a judiciary that is paid enough that corruption is not ‘valuable’, then it does not matter what government you have. step 1. soldiers who protect the people. step 2. judges who are not corrupt step 3. police (or soldiers) who will enforce the judge’s rule. It is cheaper to create highly paid police and judges than to create a highly paid military. The world is very simple if we stop trying to find good men, and instead, punish people who are bad – leaving only good people able to work in government. Ukraine has the same problem. Every poor country has the same problem. Westerners do not have this problem because we were always a militia – meaning all men fight. This is the secret to western successes. It all begins with our militia.