Curt Doolittle

Category: Law, Constitution, and Jurisprudence

  • Untitled

    http://www.quora.com/When-did-the-US-become-such-a-litigious-country/answer/Curt-Doolittle?share=1

    Source date (UTC): 2015-02-21 09:33:00 UTC

  • What Are Some Things The Us Can Learn From Other Cultures?

    Individualism in law is different from individualism in policy.  Law must of necessity apply to the individual. Policy of necessity must apply to the family.  We have abandoned the family as the central unit of production.  And we have abandoned the family.   And we are paying the consequences of it.

    https://www.quora.com/What-are-some-things-the-US-can-learn-from-other-cultures

  • When Did The Us Become Such A Litigious Country?

    THIS IS A GOOD BUT MISUNDERSTOOD QUESTION

    America practices the common law of anglo saxon origin, in which all things are permitted except that which is extant in law.

    This is different from the rest of the world’s model – especially the Napoleonic – in which only that which is in law, is permitted.

    So what you see in Europe is a lot more regulation, and fewer legal disputes, and a lot less risk taking and experimentation. Whereas in America we have more risk taking and experimentation, and more litigation. 

    Frankly, the evidence is that our method is better.

    Where the government and law has fallen down is the laws of banking, credit and interest, in which the consumer is not sufficiently protected from an asymmetry of power, information, and incentives. 

    In my (hopefully) informed opinion, this is the central question we must address (consumer protection from financial predation) not our preference for consequent common law, versus antecedent legislative law.

    Only high trust societies can practice consequent common law.  THis is the anglo world’s greatest asset.  And we should never abandon it thinking that we understand it’s import or lack of.

    It is perhaps the greatest competitive advantage of our people.

    Curt Doolittle
    The Propertarian Institute
    Kiev, Ukraine

    https://www.quora.com/When-did-the-US-become-such-a-litigious-country

  • What Are Some Things The Us Can Learn From Other Cultures?

    Individualism in law is different from individualism in policy.  Law must of necessity apply to the individual. Policy of necessity must apply to the family.  We have abandoned the family as the central unit of production.  And we have abandoned the family.   And we are paying the consequences of it.

    https://www.quora.com/What-are-some-things-the-US-can-learn-from-other-cultures

  • When Did The Us Become Such A Litigious Country?

    THIS IS A GOOD BUT MISUNDERSTOOD QUESTION

    America practices the common law of anglo saxon origin, in which all things are permitted except that which is extant in law.

    This is different from the rest of the world’s model – especially the Napoleonic – in which only that which is in law, is permitted.

    So what you see in Europe is a lot more regulation, and fewer legal disputes, and a lot less risk taking and experimentation. Whereas in America we have more risk taking and experimentation, and more litigation. 

    Frankly, the evidence is that our method is better.

    Where the government and law has fallen down is the laws of banking, credit and interest, in which the consumer is not sufficiently protected from an asymmetry of power, information, and incentives. 

    In my (hopefully) informed opinion, this is the central question we must address (consumer protection from financial predation) not our preference for consequent common law, versus antecedent legislative law.

    Only high trust societies can practice consequent common law.  THis is the anglo world’s greatest asset.  And we should never abandon it thinking that we understand it’s import or lack of.

    It is perhaps the greatest competitive advantage of our people.

    Curt Doolittle
    The Propertarian Institute
    Kiev, Ukraine

    https://www.quora.com/When-did-the-US-become-such-a-litigious-country

  • A SWORD IS THE MAKER OF COVENANTS — ‘Covenants, without the sword, are but wor

    A SWORD IS THE MAKER OF COVENANTS

    — ‘Covenants, without the sword, are but words, and of no strength to secure a man at all.’ —

    [Hobbes, Leviathan, chapter 17, 117.]

    Source date (UTC): 2015-02-17 13:42:00 UTC

  • “I don’t disagree with Miller’s multiple “standards of justice”. I just would st

    —“I don’t disagree with Miller’s multiple “standards of justice”. I just would state ‘standards of justice’ very differently, using the terms: necessities, demands, incentives, and evolutionary strategies. So, I say the same thing. I just say it very differently. 🙂 That said, a standard of logical decidability in all matters is provided by one universal moral rule: voluntary exchange – but we can build infinitely complex systems upon it. That one rule provides us with Decidability in law regardless of construction of social norms, and that single, necessary inescapable, universal logical test is very different from the contractual terms by which we construct social orders out of various exchanges, and inside of which we produce multiple standards of justice.”—

    Source date (UTC): 2015-02-01 11:36:00 UTC

  • LOANING ONE’S VIOLENCE TO THE STATE (oldie but goodie) —“”To the State: If for

    LOANING ONE’S VIOLENCE TO THE STATE

    (oldie but goodie)

    —“”To the State:

    If for a moment, you forget that you are dispensing my violence on my behalf;

    and you seek to treat me not as a citizen who bestows upon you my violence, to be justly administered, but a subject who must obey rules;

    and if you believe and act as though the law not as a convenient tool for the resolution of differences between peers, but a scripture that I must obey as a subject;

    then it is not only my right, but my duty to myself and others, to take back from you my borrowed violence, and to remind you if I can, and teach you if I must, that the source of that violence you dispense is the citizenry.

    If I must remind the state, then I hope it is by this simple, gentle oratory. But if that will not suffice, I will not resort to the display of petty personal violence, nor to the disorder of rabble and protest. Because that is not the capacity of violence that I gave to the state.

    I will instead raise an army and show you what violence it is that I do restrain, so that you are once again reminded, that you are an actor on my behalf, and on behalf of my fellow citizens – and nothing more.

    And if you doubt for a moment that I can do such a thing, I will be only so happy to prove it to you, by starting in this very room, on this very day, if necessary.””—

    Cry not havoc but order. And bring forth the men of war.

    Source date (UTC): 2015-01-25 15:40:00 UTC

  • what … neoconservatives and …. conservatives would have us believe (e.g., he

    http://www.theoccidentalobserver.net/2015/01/our-white-common-law/”Despite what … neoconservatives and …. conservatives would have us believe (e.g., here), ordered liberty existed in Europe prior to our forefathers’ adoption of Judeo-Christianity, and our contemporary legal system arguably has significantly more in common with the legal ideals of pagan Europe than anything coming out of the Levant in ancient or modern times. Simply said, the proposal that Judeo-Christian law constitutes the basis of modern American law is nothing more than a propagandist fiction—that is, the European conceptualization of rights and obligations was formed independent of and not because of Judeo-Christianity. Virtually all legal procedures and rights in use and recognized, respectively, today are of European and not Judeo-Christian origin.” http://www.theoccidentalobserver.net/…/our-white-common-law/

    Source date (UTC): 2015-01-24 17:33:00 UTC

  • Explanation for America’s Vast Prison Population – We want it that way: it is ho

    http://www.psmag.com/navigation/books-and-culture/scariest-explanation-americas-vast-prison-population-want-way-95477/The Explanation for America’s Vast Prison Population – We want it that way: it is how we preserve our social order : broken windows.

    Source date (UTC): 2015-01-19 11:23:00 UTC