Theme: Constitutional Order

THREE QUESTIONS ON RULE OF LAW – AND GOVERNING

by Caleb Mimnaugh

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Rule of law rather than rule by man… man, even the aesthetics of those words are beautiful.

3 clarifications – if you have the time.

1. Do you think the authorising/legitimising process of rulers (e.g an election, the divine right of kings) is an unnecessary function or do you think it could be performed better?

2. If the former, how is it unnecessary?

3. If the latter, where can it be improved?

3a. I ask because I don’t see how majoritarianism is rule by discretion.

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1. Via-Negativa: One needs a king, as a minimum of a judge of last resort. This is the only duty of king that cannot be performed by subordinates. Presidents have failed to bridge the gap between king and prime minister. It was a bad idea. Washington was wrong. There is no better solution than hereditary monarchy for reasons Hoppe’s done a better job of explaining than I have.

2. Via-Negativa: The purpose of elections is not legitimacy but to de-legitimize a government that is failing to perform. So far we have no better solution than regular elections, and the parliamentary system is clearly better than the american system.

3. The first improvement is to return to houses for the classes, even if they are not physical houses, but simply assigned voting. The second improvement is to end majoritarianism, and instead, to negotiate construct contracts between the houses, so it’s a market for the production of commons. The third improvement is to outlaw and severely punish even the advocacy of a violation of the natural law and the constitution of natural law. The fourth is to restore standing in court in matters of the commons.

3a. Majoritarianism in the left’s understanding (a falsehood) is First, that there is no law the majority cannot override. Second, that there is nothing a majority cannot impose upon the minority.

AS FAR AS I KNOW:

The organs of the state are limited to:

1. Defense of all the people’s capital by military means (military)

2. Defense of the truth and reciprocity in display word and deed by judicial means (courts)

3. Production of catastrophic insurance by financial means. (Treasury).

4. Production of goods, services, information, and knowledge (research) by empirical, financial and economic means (State)

5. Production, and maintenance of those commons that decrease the costs of differences in time and physical space (infrastructure) by political means. (Government)

6. Production of the “sacred” monuments that produce intertemporal, intergeneration, aesthetics by monarchical means. (monarchy).

This is the division of labor that our ancestors era lacked sufficient resolution due to sufficient economic experience, to foresee.

There is however, little evidence, that there exists a superior form of government to a universal militia, a monarchy and cabinet, with a house of lords (franchise holders) and commons (business owners) approving limited to rejecting the raising of funds (rather than continuous taxes) requested by the cabinet, when they are regulated by rule of law, and standing in court in matters of the commons. Democracy is nothing more than a peaceful way of throwing the bums out, and that is the maximum utility we should ever expect of it.

Cheers