Theme: Constitutional Order

Legal Decidability.
1. Who is sovereign: People, parliament, king, dictator?
2. Legitimacy via commonality of dispute resolution in court (via negativa). Where commonality of findings in court across cases and regions is empirical evidence of legitimacy.
3. Legitimacy via concurrency in voting (via positiva). Where concurrency produces legitimacy by tests agreement across classes and regions as defense of minority positions against the tyranny of the majority.
4. If the people are sovereign, possessing self determination, then both commonality and concurrency are necessary.
For example the British parliament is sovereign, not the people vs the American people are ostensively sovereign not the government.
5. Western law is empirical not philosophical. We invented science as an extension of our law. We invented law as an extension of our politics. We invented our politics out of necessity of organizing groups of families to venture out on the steppe.

Cheers

Reply addressees: @whatifalthist @FedSoc