Category: Law, Constitution, and Jurisprudence

  • Natural Law on The Declaration of Independence

    THE ORIGIN OF OUR CONSTITUTION Our constitution was proposed as an alternative – a third way – an alternative to the parasitic rents of the arbitrary commands of the martial aristocracy, and the dysgenia, deceits, and parasitic rents of the church bureaucracy. A *purely meritocratic order* free of rents whether constructed of arbitrary commands or superstitious excuses – A constitution of Natural Law. And the restoration of our ancient meritocratic order. Our founders created an *alternative* to the classes of europe, and not a duplication of it. All nations need not be the same. Some for the low, some for the strong, and some for the meritocratic. All those who pursue rents via arbitrary command and rents by deceit, merey flee to the green fields of meritocratic orders to parasitically profit from the high trust that they engender. Then drive them asunder through arbitrary command and incremental deception. Curt Doolittle The Propertarian Institute Kiev Ukraine THE FOUNDERS WERE USING CURRENT TECHNOLOGY TO DESCRIBE NATURAL LAW Natural Law, and the writings of Locke, Smith, and Hume were understood by Jefferson and Adams, as the most current technology available. But that he, and they, were still victims of the poetry of scripture and wrote their laws in that verse. So they used *higher context* and less-precise language and I’m using *lower context* and more-precise language, in order to prevent ‘interpretation’ (abuse) of Natural Law through the act of misrepresenting terms written in high context as permissive, and therefore eliminating possibility of abuse through ‘interpretation’ THERE IS ONLY ONE MORAL AND JUST GOVERNMENT There is but one moral course of government, and that is the construction, operation, and preservation, of a condition of Natural Law, by Rule of Law, under Universal Suffrage of Natural Law, whose application is discovered by the Common Law by Judges, under the requirement that all words and deeds be limited to productive, fully informed, warrantied, voluntary transfers of Property-in-Toto, free of imposition of costs by externality against the Property-in-Toto of others. All else consists of the predatory farming of man for the benefit of others.

    THE DECLARATION

    UPDATING THE DECLARATION OF INDEPENDENCE When in the course of human events it becomes preferable for one people to dissolve the political institutions, treaties, laws, agreements, capital, and territorial commons which have united them, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect for the opinions of all mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident: that all men are created unequal in ability, potential, and circumstance; that to prosper despite our inequality we must voluntarily cooperate on shared means, even if on competing ends; and to preserve our cooperation our disputes must be decided by the equal application of the law; and as such we must establish equal rights under the law; and that among these rights is Natural Law of Reciprocity: the right to Life, Body, Mind, Action and the Pursuit and Accumulation of interests in Property, for Self, Family, Clan, Tribe, Kin and Nation, through productive, truthful, fully informed, warrantied, voluntary, exchange, free of the imposition of costs by externality, against the demonstrated interests in property of others. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, and limited by the the Natural Law of Reciprocity — That whenever any Government becomes destructive of these ends, it is the Right and Obligation of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to produce and preserve those those rights and achieve those ends. Prudence dictates that Governments long established should not be changed for light and transient causes; and accordingly all experience has shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to deprive them of their rights, it is their right, it is their duty, and it is the demand of Nature and Nature’s God, to throw off such Government, and to provide new Guards for their security, rights, and prosperity. Such has been the patient sufferance of our Families, Clans, Tribes, and Nations; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present Federal Government, all its Branches and all its Bureaucracies, is a history of repeated injuries and usurpations, all having in direct object the circumvention of Natural Law, the subjugation of the different States and their peoples to an empire by the subversion of the constitution upon which our states were found, and the terms by which we consent to be governed. To prove this, let Facts be submitted to a candid world: the creation and expansion of military, political, and financial empire against the interests of our peoples; the construction of a vast privileged, parasitic, unaccountable bureaucracy, the submission of our sovereignty to predatory and hostile international institutions, the submission of our sovereignty to hostile foreign treaties, our suffrage of arbitrary legislation by art and artifice, our submission to judicial activism by art and artifice, the circumvention of the constitution by art and artifice, the deprivation of rights of juridical defense in matters of tax, the deprivation of equality in matters of debts, the purchase of political influence in pursuit of privileges against interests hostile to the people, the use of pseudoscientific accounting financial device and deception, the forcible payment of interest on fiat credit and the unjust privatization of the fruit of that commons, the destruction of intergenerational lending   (consumer protections) entrapment clauses, punishment profits advertising and marketing scams pseudoscientific drugs and supplements and food. (funding of pseudoscience) (forcible takeover of the academy) (undermining our military culture that is thousands of years old) (failing to care for our woulded soldiers in wars of adventure) and hostile immigration by intention the failure to secure our borders the falure to secure our information the militarization of our police forces the arming of our bureaucrats the submission of our people to search the circumvention of our governors by direct election of our senators     the suppression of our religion, it’s replacement by adoption and expansion of an Alien and deceitful pseudoscientific cult via artful accounting, cherry-picking of measures, and wilful ignorance of the changes in the capital of kin, culture, norm, tradition, and civilization; the forcible monopolization of our education, its use for indoctrination against our religion, and for the cult of the state; – the sum object of which is the destruction of our families, clans, tribes, nations, culture, traditions, and our civilization through the decimation of our peoples, the prohibition of their religion, their history, traditions, and laws. —- end list — He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our founding and their permission to rule in our stead. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of _________, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these These States, solemnly publish and declare, This goverment be unmade, the government and all its institutions, laws, treaties and debts, dissolved, a new constitution adopted, and that our rights under natural law be restored. That we are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.


    STATE OF THE EMPIRE All revolutions are dismissed in prospect and obvious in retrospect. But never has an empire been more fragile, nor could one fall more quickly. The people cannot retreat to the fields. They have no stores of food. A full quarter have no monetary reserves, and half only a few month’s worth. The food, gasoline, transport, power, water, gas, communications, emergency services, police, military, and financial sector have but days of reserves and weeks of tolerance. A few men in each city can overwhelm services. A few days of fear and the streets will be full of predators. The world has turned hostile due to The State’s Ideological and Imperial Adventure, and meanwhile patient powers long-seeking revival and recompense wait for opportunity to seize past glories, and we and Europe are held hostage at home, and surrounded by waves of barbarians of greater mobility and lethality than the bronze or iron age migrations – just as lusty with envy, avarice, and aggression, and even more likely to cause repeat of those dark ages. No longer do we live in an era where the many must march in the streets.  No longer need more than but a fraction of one percent of the men commit themselves to heady murder. No longer must we seize leaders, institutions, fortresses or armories. No longer does the Peace of Westphalia limit actors, whether foreign or domestic – what comes is a war of all against all, and a fall like no other in history. So we pray thee take heed. Do not dismiss our entreaty. Our demands are right, just, possible and in the interests of our peoples.  And if demanding fails we shall compel. And if we compel, we will make the Horrors of the French Revolution turn so feeble, that men will remember our prosecution of you for ten thousand years.  For when all our ancestors that have been before, and all our descendants that have yet to be, demand our lives in their honor, we will not shirk our duty to them. And we will have no mercy in our execution. REMEDY

  • Natural Law on The Declaration of Independence

    THE ORIGIN OF OUR CONSTITUTION Our constitution was proposed as an alternative – a third way – an alternative to the parasitic rents of the arbitrary commands of the martial aristocracy, and the dysgenia, deceits, and parasitic rents of the church bureaucracy. A *purely meritocratic order* free of rents whether constructed of arbitrary commands or superstitious excuses – A constitution of Natural Law. And the restoration of our ancient meritocratic order. Our founders created an *alternative* to the classes of europe, and not a duplication of it. All nations need not be the same. Some for the low, some for the strong, and some for the meritocratic. All those who pursue rents via arbitrary command and rents by deceit, merey flee to the green fields of meritocratic orders to parasitically profit from the high trust that they engender. Then drive them asunder through arbitrary command and incremental deception. Curt Doolittle The Propertarian Institute Kiev Ukraine THE FOUNDERS WERE USING CURRENT TECHNOLOGY TO DESCRIBE NATURAL LAW Natural Law, and the writings of Locke, Smith, and Hume were understood by Jefferson and Adams, as the most current technology available. But that he, and they, were still victims of the poetry of scripture and wrote their laws in that verse. So they used *higher context* and less-precise language and I’m using *lower context* and more-precise language, in order to prevent ‘interpretation’ (abuse) of Natural Law through the act of misrepresenting terms written in high context as permissive, and therefore eliminating possibility of abuse through ‘interpretation’ THERE IS ONLY ONE MORAL AND JUST GOVERNMENT There is but one moral course of government, and that is the construction, operation, and preservation, of a condition of Natural Law, by Rule of Law, under Universal Suffrage of Natural Law, whose application is discovered by the Common Law by Judges, under the requirement that all words and deeds be limited to productive, fully informed, warrantied, voluntary transfers of Property-in-Toto, free of imposition of costs by externality against the Property-in-Toto of others. All else consists of the predatory farming of man for the benefit of others.

    THE DECLARATION

    UPDATING THE DECLARATION OF INDEPENDENCE When in the course of human events it becomes preferable for one people to dissolve the political institutions, treaties, laws, agreements, capital, and territorial commons which have united them, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect for the opinions of all mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident: that all men are created unequal in ability, potential, and circumstance; that to prosper despite our inequality we must voluntarily cooperate on shared means, even if on competing ends; and to preserve our cooperation our disputes must be decided by the equal application of the law; and as such we must establish equal rights under the law; and that among these rights is Natural Law of Reciprocity: the right to Life, Body, Mind, Action and the Pursuit and Accumulation of interests in Property, for Self, Family, Clan, Tribe, Kin and Nation, through productive, truthful, fully informed, warrantied, voluntary, exchange, free of the imposition of costs by externality, against the demonstrated interests in property of others. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, and limited by the the Natural Law of Reciprocity — That whenever any Government becomes destructive of these ends, it is the Right and Obligation of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to produce and preserve those those rights and achieve those ends. Prudence dictates that Governments long established should not be changed for light and transient causes; and accordingly all experience has shown that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to deprive them of their rights, it is their right, it is their duty, and it is the demand of Nature and Nature’s God, to throw off such Government, and to provide new Guards for their security, rights, and prosperity. Such has been the patient sufferance of our Families, Clans, Tribes, and Nations; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present Federal Government, all its Branches and all its Bureaucracies, is a history of repeated injuries and usurpations, all having in direct object the circumvention of Natural Law, the subjugation of the different States and their peoples to an empire by the subversion of the constitution upon which our states were found, and the terms by which we consent to be governed. To prove this, let Facts be submitted to a candid world: the creation and expansion of military, political, and financial empire against the interests of our peoples; the construction of a vast privileged, parasitic, unaccountable bureaucracy, the submission of our sovereignty to predatory and hostile international institutions, the submission of our sovereignty to hostile foreign treaties, our suffrage of arbitrary legislation by art and artifice, our submission to judicial activism by art and artifice, the circumvention of the constitution by art and artifice, the deprivation of rights of juridical defense in matters of tax, the deprivation of equality in matters of debts, the purchase of political influence in pursuit of privileges against interests hostile to the people, the use of pseudoscientific accounting financial device and deception, the forcible payment of interest on fiat credit and the unjust privatization of the fruit of that commons, the destruction of intergenerational lending   (consumer protections) entrapment clauses, punishment profits advertising and marketing scams pseudoscientific drugs and supplements and food. (funding of pseudoscience) (forcible takeover of the academy) (undermining our military culture that is thousands of years old) (failing to care for our woulded soldiers in wars of adventure) and hostile immigration by intention the failure to secure our borders the falure to secure our information the militarization of our police forces the arming of our bureaucrats the submission of our people to search the circumvention of our governors by direct election of our senators     the suppression of our religion, it’s replacement by adoption and expansion of an Alien and deceitful pseudoscientific cult via artful accounting, cherry-picking of measures, and wilful ignorance of the changes in the capital of kin, culture, norm, tradition, and civilization; the forcible monopolization of our education, its use for indoctrination against our religion, and for the cult of the state; – the sum object of which is the destruction of our families, clans, tribes, nations, culture, traditions, and our civilization through the decimation of our peoples, the prohibition of their religion, their history, traditions, and laws. —- end list — He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. Nor have We been wanting in attentions to our brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our founding and their permission to rule in our stead. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of _________, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these These States, solemnly publish and declare, This goverment be unmade, the government and all its institutions, laws, treaties and debts, dissolved, a new constitution adopted, and that our rights under natural law be restored. That we are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.


    STATE OF THE EMPIRE All revolutions are dismissed in prospect and obvious in retrospect. But never has an empire been more fragile, nor could one fall more quickly. The people cannot retreat to the fields. They have no stores of food. A full quarter have no monetary reserves, and half only a few month’s worth. The food, gasoline, transport, power, water, gas, communications, emergency services, police, military, and financial sector have but days of reserves and weeks of tolerance. A few men in each city can overwhelm services. A few days of fear and the streets will be full of predators. The world has turned hostile due to The State’s Ideological and Imperial Adventure, and meanwhile patient powers long-seeking revival and recompense wait for opportunity to seize past glories, and we and Europe are held hostage at home, and surrounded by waves of barbarians of greater mobility and lethality than the bronze or iron age migrations – just as lusty with envy, avarice, and aggression, and even more likely to cause repeat of those dark ages. No longer do we live in an era where the many must march in the streets.  No longer need more than but a fraction of one percent of the men commit themselves to heady murder. No longer must we seize leaders, institutions, fortresses or armories. No longer does the Peace of Westphalia limit actors, whether foreign or domestic – what comes is a war of all against all, and a fall like no other in history. So we pray thee take heed. Do not dismiss our entreaty. Our demands are right, just, possible and in the interests of our peoples.  And if demanding fails we shall compel. And if we compel, we will make the Horrors of the French Revolution turn so feeble, that men will remember our prosecution of you for ten thousand years.  For when all our ancestors that have been before, and all our descendants that have yet to be, demand our lives in their honor, we will not shirk our duty to them. And we will have no mercy in our execution. REMEDY

  • THE TENETS OF POSTMODERNISM (“ANTI-LAW: WHATEVER I CAN GET AWAY WITH”) (‘the min

    THE TENETS OF POSTMODERNISM (“ANTI-LAW: WHATEVER I CAN GET AWAY WITH”)

    (‘the mind of the woman’)

    THE FALSE PROMISE OF ENLIGHTENMENT EQUALITY – Disillusionment with modernism – Postmodernists rue the unfulfilled promises of science, technology, government, and religion. DESPITE ITS MATERIAL ACHIEVEMENTS.

    WHATEVER I CAN GET AWAY WITH – There is no absolute truth – Postmodernists believe that the notion of truth is a contrived illusion, misused by people and special interest groups to gain power over others.

    WHATEVER I CAN GET AWAY WITH – Truth and error are synonymous – Facts, postmodernists claim, are too limiting to determine anything. Changing erratically, what is fact today can be false tomorrow.

    WHATEVER I CAN GET AWAY WITH – Rationalization – Traditional logic and objectivity are spurned by postmodernists. Preferring to rely on opinions rather than embrace facts, postmodernist spurn the scientific method.

    WHATEVER I CAN GET AWAY WITH: Traditional authority is false and corrupt – Postmodernists speak out against the constraints of religious morals and secular authority. They wage intellectual revolution to voice their concerns about traditional establishment.

    WHATEVER I CAN GET AWAY WITH: Collective Ownership – They claim that collective ownership would most fairly administrate goods and services.

    WHATEVER I CAN GET AWAY WITH – Morality is personal – Believing ethics to be relative, postmodernists subject morality to personal opinion. They define morality as each person’s private code of ethics without the need to follow traditional values and rules.

    WHATEVER I CAN GET AWAY WITH – Globalization – Many postmodernists claim that national boundaries are a hindrance to human communication. Nationalism, they believe, causes wars. Therefore, postmodernists often propose internationalism and uniting separate countries.

    WHATEVER I CAN GET AWAY WITH – All religions are valid – Valuing inclusive faiths, postmodernists gravitate towards New Age religion. They denounce the exclusive claims of Jesus Christ as being the only way to God.

    OPPOSITION ETHICS (Liberal ethics) – Postmodernists defend the cause of feminists and homosexuals. (Females defend children and weak regardless of merit)

    FEAR OF BEING LEFT BEHIND: Pro-environmentalism – Defending “Mother Earth,” postmodernists blame Western society for its destruction.


    Source date (UTC): 2017-06-22 12:56:00 UTC

  • Talking about something abstractly is very different from inciting violence. It’

    Talking about something abstractly is very different from inciting violence.

    It’s perfectly permissible to talk about something as long as you don’t actually try to ORGANIZE a deliberate action.

    My objective is to make people understand that revolutions in the current era are trivially easy, require small numbers, and have vast consequences compared to the agrarian era, and that we’re seeing around the world, the end of the peace of westphalia, the origination of 5gw, and that in that ‘war’, the primary weapons are one step above sticks and stones: fire.

    (also, you know, I know quite a bit about the legality of this kind of thing. I also know that the powers that be know me, cause i have ‘contracts’ with them as well as being a former justice department employee.)

    We still have relatively free speech in America. 😉

    ‘Cause we have guns.


    Source date (UTC): 2017-06-21 19:10:00 UTC

  • “We hold individuals accountable through Law, we hold groups accountable through

    —“We hold individuals accountable through Law, we hold groups accountable through War.”—Bill Anderson


    Source date (UTC): 2017-06-21 16:21:00 UTC

  • THE ONLY ‘LIBERALS’ ARE THE STRICT CONSTRUCTIONISTS by Chuck Bonner Liberals at

    THE ONLY ‘LIBERALS’ ARE THE STRICT CONSTRUCTIONISTS

    by Chuck Bonner

    Liberals at the time our Constitution was ratified were strict constructionists / right-wingers, they advocated for the very liberal federal system of government, rather than the limited monarchy they were subject to as citizens of the British crown.

    The federal system gave control of the economy to the people, through the people’s authority to tax and regulate industry at the state and local level. Preferably, the local level.

    The liberals at the time the Constitution was ratified, believed that the more decentralized the economy was, the more difficult it would be for the ruling class to gain control of the economy of the entire nation, and enslave the people through economic policies administered by said central, or national government.

    If oligarchs gained control of the economy of a state or local community, the people had the right to vote with their feet, and move to another community or different state, where the people still had representation. The people could then regroup, and go after the oligarchs.

    Conservatives at the time our Constitution was ratified, were represented by the Federalist Party. The Federalists Party advocated for a loose constructionist interpretation of our Constitution and wanted a National form of government, which is akin to a monarchy. Many in the Federalist Party wanted to make George Washington King. Note that progressive-left-wingers today, are loose constructionists and are therefore the true conservatives / Nationalists.

    The main point of my post is this. Strict constructionists / right-wingers are the true liberals, who advocate for the federal system as defined by Thomas Jefferson and James Madison. The federal system as defined by Jefferson and Madison limited the role of the central government to a list of enumerated powers. The federal governments primary role was dealing with “external objects” such as war, peace negotiations; commerce with other nations and treaties. That was it. The state governments were sovereign in all areas except those enumerated in Article 1, Section 8, of the Constitution.

    When the progressive left expanded the role of our central government beyond its Constitutional limitations with the Federal Reserve Act, and the 16th and 17th Amendments to the Constitution, it changed the very nature of our government from a federal system where the people were sovereign and had self determination, to a complete fascist-totalitarian state where the people have no rights at all. FDR’s New Deal was when the USA became a National Socialist / Nazi state.

    So as you can see, Nazis are clearly left-wing in the united States where we have a federal system of government. Nazis may be right-wing in Europe, but they are left-wing in the good ol united States of America.

    Now, the ruling class and their stooges in the progressive-left / fascist-totalitarian movement, in both the Democratic and Republican parties want us to continue to equate a National form of government with our federal system of government. That way the ruling class, can continue to equate National Socialism, with true American liberalism. We classical liberals are no longer going to allow the ruling class and their minions in the progressive left movement, to get away with this big-lie.


    Source date (UTC): 2017-06-21 10:52:00 UTC

  • Only an individual can be at fault, hence the context of law is the individual

    Only an individual can be at fault, hence the context of law is the individual.


    Source date (UTC): 2017-06-20 15:35:00 UTC

  • OF ANCIENT LEGAL CODES

    https://en.wikipedia.org/wiki/List_of_ancient_legal_codesLIST OF ANCIENT LEGAL CODES


    Source date (UTC): 2017-06-20 09:23:00 UTC

  • DAVID FRIEDMAN’S BOOK ON LIBERTINE LEGAL SYSTEMS ALL (Feedback) (Joseph Valerius

    http://www.daviddfriedman.com/Lega…/LegalSystemsContents.htmON DAVID FRIEDMAN’S BOOK ON LIBERTINE LEGAL SYSTEMS

    ALL (Feedback) (Joseph Valerius thanks for inviting me to respond.)

    Just read through these chapters quickly – I know this material already. As usual David’s work is readable and enjoyable. My central criticism is that ‘different from ours’ plus the choice of legal system’s included, implies an arbitrary equality (difference) rather than an honest statement of intent by which these particular legal systems are chosen according to their shared properties.

    1) The list is interesting because it includes so many failed peoples, and does not include many successful peoples. By successful, I mean, those that can hold territory, create their own institutions, and defend them against competitors. Why is it that most of these legal systems could not produce sufficient productivity and as a consequence sufficient investment in the commons to hold territory against competitors?

    2) Why NOT include these systems of law:

    Hammurabi’s Code

    Early Roman Law

    Late (Stoic) Roman Law

    Frankish Law (Saliq Law)

    Germanic and Anglo Saxon Law

    Continental (Napoleonic) Law

    Soviet Law

    International law

    (FWIW: in intelligence gathering and in propaganda production, what is mentioned tells us more about the speaker than what is mentioned. Just as in straw man arguments, we learn more about the speaker from what he avoids speaking of than we do of what he speaks. Just as in marxist propaganda and postmodern propaganda we learn that heaping of undue praise, and straw man arguments as excuses for criticism serve as the principal means of deception by suggestion.) So I don’t like the selection without qualification of its purpose: what did so many legal codes fail, and why did others succeed?

    https://en.wikipedia.org/wiki/List_of_ancient_legal_codes

    3) The list is even more interesting if we look at which produced high trust societies – where high trust is the most expensive commons, which is why no one outside of the Hajnal Line produces it. Societies that progressed through the agrarian phase and succeeded in holding territory emerged with superior demographics through the reduction of the scale of the underclass. Societies that did not progress through holding territory and the agrarian phase either failed to develop truth, reason, technology, science, formal institutions, and particularly institutions of competitive law.

    4) The Han are the largest homogenous ethnic group, that other than northern europeans, has held the same territory, for the longest period of time. There is a reason that history of only two peoples is worthy of study: the Han and the European: the han could not produce trust but they held territory, produced reason and technology. The Europeans held territory less effectively (particularly against islamic invasion), produced reason, trust, technology and science.

    5) Laws express a group’s evolutionary strategy both in-group and out-group. And it is trivially easy to judge a set of laws by their survival from competition – their evolutionary success or failure.

    6) There is only one universal criteria of decidability in matters of conflict: non imposition of costs against that which others have born costs to obtain an interest: reciprocity. And that is how international law functions today.

    The origin of all legal codes that I know of is the need to suppress retaliation cycles (feuds) in eras where property was largely insured by kin (brothers, uncles, cousins), and where crimes and punishments (or restitutions) were asymmetric, which led to exacerbation of retaliation cycles. So if we look at early legal codes, they emphasize not rules, but standardization of punishments.

    As legal codes mature, they include standardization of crimes, not just punishments. in fact, the word ‘liberty’ refers to the permission to retain local law and custom independent from the ruling law (territorial defense and taxation).

    As legal codes mature further, they include weights and measures (prohibitions against metric fraud). And further as they mature they include prohibitions against verbal fraud. At present for example, we lack prohibitions on a great deal of verbal fraud using pseudoscience (we call this set of frauds economics and financialization). But nearly all the social sciences consist largely of pseudoscientific frauds yet to be prohibited.

    As legal codes mature further they include prohibitions on externalities. And if we go through david’s list, it’s easy to see which of these legal codes prohibits externalities, and which LICENSE or actually encourage externalities. (poly-logical, poly-ethical) legal codes in particular. (Jewish and Islamic ethics in particular).

    The most interesting is the chinese structure for families (it’s a crime to report on your parents) vs the soviet (it’s a requirement to report on them). Or the class based systems where punishments are progressive as are taxes today. Or the egalitarian systems that prohibit differences by class or group.

    In large part these different ethics tell us a great deal about social orders, and the group’s evolutionary strategy. (Western market model is to profit from domestication. Han model is just a large extended family with identical interests. )

    7) We can judge (measure) the difference between legal systems by the methods of parasitism (ir-reciprocity) that they preserve. What kinds of parasitism do each of the listed legal systems preserve? Why did they preserve it. So it is possible to objectively compare the morality or immorality of different cultural systems by their judicial method and content.

    8) Diversity is bad – particularly ethnic diversity. High trust is good. Empirical law is good. Empirical law requires a method of decidability. The only universal method of decidability is perfect reciprocity. Perfect reciprocity is only possible under non-imposition of costs upon that which others have born costs to obtain an interest.

    9) The roman failure is reducible to the underinvestment in the Great Wall Against The Steppe and Desert Peoples that the chinese had managed to construct, and attempts to integrate undomesticated (inferior) peoples into the empire. Or better said: empires leave behind monuments, but cause the death of their originators. As such, as the Han and Medieval Europeans demonstrated, the optimum strategy is nationalism.

    10) Our lesson is that while conquest is profitable in the short term, the cost of colonialism is always higher in the long term than the benefit. And that the success of the only people who rely on fully on markets (europeans), was possibly only where they eradicated prior peoples. The fact that this is obvious from any study of evolutionary biology should not surprise us.

    Worse, wherever europeans (light haired european, dark haired iranian) expanded, wherever they integrated with the locals they were destroyed. They survived only in Europe and Persia. And were (it appears) eradicated by the arab conquest. Those that made it to india are simply outbred and gone.

    Our lessons are the trust of the europeans by use of militia and reason, and the security of the Chinese through isolation and reason.

    11) At present the only matters of contention in legal theory are:

    a) whether democratic polities should be permitted to construct legislation that circumvents reciprocity, or merely agree upon binding contracts within the limits of reciprocity.

    b) whether to contain the law to strict construction, textualism, and original intent (all of which may mean the same thing), or whether to allow judges discretionary control over the law.

    c) when the law is unclear whether to demand clarity from the legislature, or whether judges decide and compensate for weaknesses of the legislature.

    d) whether or not to rely on the common law’s argument to first principles and judicial review, or whether to rely on the continental law establishing intermediary first principles, regardless of judicial review.

    Curt Doolittle

    The Propertarian Institute

    Kiev Ukraine.


    Source date (UTC): 2017-06-20 09:18:00 UTC

  • WHICH TYPES OF SPEECH ARE NOT PROTECTED BY THE FIRST AMENDMENT? Obscenity Child

    WHICH TYPES OF SPEECH ARE NOT PROTECTED BY THE FIRST AMENDMENT?

    Obscenity

    Child pornography

    Perjury

    Blackmail

    Defamation (including libel and slander)

    Fighting words

    True threats

    Solicitations to commit crimes

    Incitement to imminent lawless action

    Treason

    —“Hate speech is not prohibited but lots of hate speech crosses the line into slander, libel, inciting violence, fighting words or true threats so be aware that the SCOTUS did not say you can say any stupid thing you want without consequences.”–


    Source date (UTC): 2017-06-19 22:18:00 UTC