Theme: Constitutional Order

  • Rule of Law = Non-Discretion. Discretion != Rule of Law. One cannot have rule of

    Rule of Law = Non-Discretion. Discretion != Rule of Law.

    One cannot have rule of law, and at the same time, command, legislation, regulation, and judicial interpretation, because command, legislation, regulation, and judicial interpretation are discretionary.

    Nomocracy: Government by Rule of Law.

    How is a nomocracy possible without command, legislation, regulation and judicial interpretation? Markets in everything: Markets for participation, association, cooperation, reproduction, production, commons, polities, and dispute resolution.

    But how do we provide decidability in all those markets? Reciprocity. Why? Because reciprocity always provides decidability.


    Source date (UTC): 2017-04-24 09:50:00 UTC

  • Last night. Invited to a talk about the enfranchisement of women. Me, Keith Pres

    Last night. Invited to a talk about the enfranchisement of women.

    Me, Keith Preston, Sean Gabb

    Of course this conversation degenerates quickly to ‘arguing what I understand rather than arguing the subject matter’.

    I give my usual:

    Enfranchisement is good, assuming that those with different interests have different houses, and that houses reflect demonstrated ability to contribute – not some artificial ‘right’ – so that the houses constitute a market between the classes.

    I can’t summarize via this point:

    That assuming the family continues to fall apart, and assuming that women retain the franchise, that the trend of single women and single mothers will increase, and that this group will increasingly vote asymmetrically, forming, for all intents and purposes a block, which will continue to determine the direction of policy over that of men, and that policy will continue leftward.

    I can’t make these points:

    – It makes use of information across the classes. This is a good thing.

    – Enfranchisement increases political discourse – and that is not a good thing. Because it is largely a pursuit of power over others. And for every positive attempt at seizure of power we must produce a negative attempt to prevent seizure of power. Whereas under the monarchies all effort must be achieved through market (non-state) means. So, Enfranchisement creates opportunity for political status and power by immoral means, distracting people from opportunity and status by moral means.

    – Enfranchisement destroys civic society – the private production of commons.

    KEITH PRESTON chimes in. Keith is well read. (very) Argues what he understands. Relied upon wisdom literature, rather than empirical data. I agree with it because it corresponds with the data. Smart guy.

    SEAN GABB (UK) Argues what he understands, by shifting the question from what were the consequences of women voting, to what would happen if we took away their vote.

    Sean brings up these points:

    – We would get lying politicians anyway. True. Irrelevant, because we would get lying politicians who sought to bring different issues to play.

    – No one is going to change whether women have the vote. True. Irrelevant, that is not what we were asked to discuss. If we were asked to discuss how we remove women from the vote I wouldn’t participate in the conversation.

    – We are seeing a rightward move anyway. True. Irrelevant, (a) since this shift is due to the return of islamism from its 100 year old defeat (after 1400 years of defeating the west consistently). And the question is, had we chosen a different method of enfranchisement, it’s not clear we would be in this position in the first place; and (b) men voting (at least in america) this circumstance would never have occurred. Which is a purely empirical question. (c) I acknowledge that british men are feminized more so than american men and that the data on british elections shows that. It does not show that in america.

    – You americans got a ‘trump’. and he’s not legitimate. (bizarre) False. Irrelevant. Legitimacy is a moral claim, not a scientific one. As we say, the purpose of political power is power. Once one has power and can act upon it, moral opinion has no bearing. only the institutional imitations on that power do.

    – Women voting or not wouldn’t have changed much. (bizarre) False. Because the accumulated presentation of candidates for office, selection of candidates for office, policies that were put forward, over the past 100 years, in the states, would have dramatically shifted many of our elections, since the past century has largely consisted of policies under which parties auction off privileges (rents). I mean, the entire socio, economic, and political, and consequently, worldwide power shifts that have occurred by the enfranchisement of women in the USA are profound, and most of the propaganda (puritan anglos, and jews in general) has been a catastrophe for western civilization. Education, the academy, family, policy, propaganda … all these changes occur because of women enfranchised. How do you price that? You don’t ‘wave it away’ by saying islamic invasion disproves it….

    While Sean is talking I search JSTOR, Pew and SSRN for gender differences in voting patterns. Find the material I’m looking for. But I realize this is a waste of my time. We are not having an adult discussion of empirical evidence, incentives, and institutional means. We are not trash talking for the sake of humor. We are instead talking nonsense.

    This is why I am increasingly reluctant to have unstructured conversations. You wanna ‘talk stupid shit’ then you’re welcome to. But I don’t have an interest in correcting people who say stupid things any more than I have to already, in the context of my work.


    Source date (UTC): 2017-04-23 08:34:00 UTC

  • THE RELATIONSHIPS WITHIN THE HIERARCHY OF LAWS 1) Laws of Nature: Equilibria: Th

    THE RELATIONSHIPS WITHIN THE HIERARCHY OF LAWS

    1) Laws of Nature:

    Equilibria: The DISCOVERY of which is the subject of physical science. We can know the first causes of the deterministically equilibrial universe – but we cannot sense them without extensive work.

    2) Laws of Man:

    man is an expensive organism fighting the dark forces of time, ignorance, and scarcity, and must act to acquire, and in acting to acquire, acts rationally (to ensure returns – in the greatest return for the least effort, in the shortest time, with the greatest degree of certainty at the lowest risk); and in acting rationally, must conserve physical, emotional, and mental energy, and expend physical, emotional, and mental effort; and can choose to cooperate with others, prey upon others, or boycott others at all times; and may make use of violence, remuneration, or gossip(lauding/shaming), to do so.

    2) Natural Law:

    Non-Parasitism, leaving Reciprocity as the only possible action, because only by non parasitism do we produce the incentive to cooperate rather than prey upon, retaliate against, or boycott. We can know the first cause of reciprocity through direct observation, and we do know it. We cannot implement reciprocity without extensive work (institutions) which allow us to concentrate our forces.

    3) Natural RIghts:

    The methods of insuring natural law, by an insurer of last resort (militia, military, judiciary, monarchy). We cannot implement those institutions without rules by which institutions may enact processes, independently of subjective opinion.

    4) Property in toto:

    the means of commensurability (measurement) between our actions: changes in state of property in toto exist in reality (laws of nature), limited by the abilities of man’s action (laws of man), violate or do not violate reciprocity (rule of law), and are insured or not insured by institutions (natural rights), and can be measured or not measured by changes in property in toto.

    FRAMING:

    Laws of Nature > (limits of, methods of transformation)

    … Laws of Man > limits of, methods of action)

    … … Laws of Cooperation > (limits of and methods of cooperation.)

    … … … Laws of Information > ( limits of and methods true Speech)

    … … … … Laws of Sentience > (limits and methods of ‘thinking’)


    Source date (UTC): 2017-04-21 11:44:00 UTC

  • Sovereignty Liberty, Freedom: It Starts with the Militia

    Apr 16, 2017 8:49am SOVEREIGNTY, LIBERTY, FREEDOM: IT STARTS WITH THE MILITIA **Rule of Law, by Natural Law, with Universal Standing, and Universal Applicability: A contractual corporation consisting of a distributed dictatorship of sovereign militia (men). ** A constitution of natural law creating a distributed private government, each member with one share ownership, purchasable by reciprocal insurance of all other members. With an independent judiciary, and and a hereditary monarchy providing a judge of last resort. Under such a corporation, under such a form of management, under such a contract, we have only productive, fully informed, warrantied, voluntary exchange, free of negative externality, in markets for association, cooperation, reproduction, production private of goods, services, and information, commons of goods, services, and information, and the production of polities themselves, ad the means by which to cooperate. Government without discretion. Rule of Law between men, not over men. ( I have to substitute ‘militia’ for men, or the entire chain of reasoning is lost. )

  • Sovereignty Liberty, Freedom: It Starts with the Militia

    Apr 16, 2017 8:49am SOVEREIGNTY, LIBERTY, FREEDOM: IT STARTS WITH THE MILITIA **Rule of Law, by Natural Law, with Universal Standing, and Universal Applicability: A contractual corporation consisting of a distributed dictatorship of sovereign militia (men). ** A constitution of natural law creating a distributed private government, each member with one share ownership, purchasable by reciprocal insurance of all other members. With an independent judiciary, and and a hereditary monarchy providing a judge of last resort. Under such a corporation, under such a form of management, under such a contract, we have only productive, fully informed, warrantied, voluntary exchange, free of negative externality, in markets for association, cooperation, reproduction, production private of goods, services, and information, commons of goods, services, and information, and the production of polities themselves, ad the means by which to cooperate. Government without discretion. Rule of Law between men, not over men. ( I have to substitute ‘militia’ for men, or the entire chain of reasoning is lost. )

  • Restore the monarchies, rule of law, multi-house government, and the militia

    WHAT I’M SAYING ISN’T THAT COMPLICATED. IT”S THE OPERATIONALIZATION, ADVOCACY, AND DEFENSE OF IT THAT’S COMPLICATED. Michael Churchill Curt you’ve argued that you want the US to have multiple legal frameworks via devolution of power from the national to the state level. Isn’t that a sort of acceptance of different strokes for different folks? Curt Doolittle Different production of commons. one legal (truthful) law. But yes. Hey. I’m a libertarian. do what you fucking want. Just let me live with my people as I want. Michael Churchill Okay that’s what I thought you’d say. Makes sense. Think i fully understand the core thesis of Propertarianism now. (Also thanks for that elevator pitch description of it a bit earlier.) Curt Doolittle I”m sayin’ just this: Restore the monarchies, rule of law, multi-house government, and the militia, but with strictly constructed natural law that is as inviolable as mathematics. The whole ‘trick’ is in that law. It’s that law I spent all the time on.

  • Restore the monarchies, rule of law, multi-house government, and the militia

    WHAT I’M SAYING ISN’T THAT COMPLICATED. IT”S THE OPERATIONALIZATION, ADVOCACY, AND DEFENSE OF IT THAT’S COMPLICATED. Michael Churchill Curt you’ve argued that you want the US to have multiple legal frameworks via devolution of power from the national to the state level. Isn’t that a sort of acceptance of different strokes for different folks? Curt Doolittle Different production of commons. one legal (truthful) law. But yes. Hey. I’m a libertarian. do what you fucking want. Just let me live with my people as I want. Michael Churchill Okay that’s what I thought you’d say. Makes sense. Think i fully understand the core thesis of Propertarianism now. (Also thanks for that elevator pitch description of it a bit earlier.) Curt Doolittle I”m sayin’ just this: Restore the monarchies, rule of law, multi-house government, and the militia, but with strictly constructed natural law that is as inviolable as mathematics. The whole ‘trick’ is in that law. It’s that law I spent all the time on.

  • Yep. Transcendence and Sovereignty were the last pieces. In the end, warriors ma

    Yep. Transcendence and Sovereignty were the last pieces.

    In the end, warriors make rule possible, but Judges rule. In the monopoly of soldiery officers rule, and in the market of cooperation judges rule. Judges and Officers provide the same function under positiva (military) and negativa (market) organizations.

    The question is only which method judges use to rule. And there is only one scientific, logical, true, and perfectly decidable method by which judges *can* rule, and that is Reciprocity: The Natural Law of Sovereign Men.

    The west has always been poly-narrative. With each class evolving its own narrative. And with each class narrative justifying its role in the natural law of sovereign men. The cult of sovereignty for the aristocracy, the cult of law for the priesthood of the aristocracy, the cult of philosophy for the middle aspirational classes, and the cult of religion for the laboring classes, and the cult of rejection, rebellion, and escape by the undesirable classes.

    And in turn, there is only one method of producing Sovereignty, liberty, freedom, and sufficient surplus for subsidy, and this is via the incremental suppression of parasitisms in all its forms, producing sovereign men, and eliminating parasitic men – leaving only means of survival in markets for association, cooperation, reproduction, production, production of commons, and production of polities. The monarchy provides the judge of last resort in war, the judiciary the judge of markets, and the officer corps the commander of the monopoly that is war.

    And so, as long as the men willing and able to fight for sovereignty are trained in, and participate in, a local militia, a regional regimental system, and are trained by a national army, in exchange for rights of public speech, access to territorial and capital ownership, and participation in the choice of commons, then because of their arms and their numbers, no usurper can deprive them of sovereignty; and because of their investment and advantage from it, they will preserve their sovereignty, and because of their universal standing in courts of natural law, they will have incentive and peaceful and productive means of preserving their sovereignty, through the incremental suppression of all parasitism of which they are aware. Men must create a market for the suppression of parasitism, by in turn creating a market for cooperation, because of the market for violence that is the result of a large militia of diverse personal but homogenous collective, interests.

    There is but one method of obtaining and preserving the sovereignty, necessary for the production of agency, necessary for the transcendence of man, and that is the organization of a franchise (corporation) of warriors of sufficient number, with sufficient incentives, and sufficient institutional means, that the only conditions that prevent conflict and preserve cooperation.

    The advantage of this order is that we preserve our original innovation: maneuver (what we call today ooda-loops) because of the distribution of decision making to the lowest possible level of the organization: a market for heroism in battle.

    We developed markets in everything, because markets adapt faster and innovate faster than all alternatives. And for a small population of people, the use of excellence(professionals) and technology (excellence), and markets (maneuver) is simply *faster* in all dimensions than all larger and slower alternatives.

    He who adapts fastest and best has the advantage. Because the first and last enemy of all is TIME.


    Source date (UTC): 2017-04-20 08:54:00 UTC

  • yuo mean in the oldest extant governments in the world?

    yuo mean in the oldest extant governments in the world?


    Source date (UTC): 2017-04-19 19:14:29 UTC

    Original post: https://twitter.com/i/web/status/854775227020177408

    Reply addressees: @FormerlyFormer @primalpoly @JayMan471

    Replying to: https://twitter.com/i/web/status/854772844932325376


    IN REPLY TO:

    @FormerlyFormer

    @curtdoolittle @gmiller @JayMan471 Short term thinking. There is no guarantee that the sorts of judges you prefer will always be in place.

    Original post: https://twitter.com/i/web/status/854772844932325376

  • we solve it every day in courts everywhere with extraordinary predictability

    we solve it every day in courts everywhere with extraordinary predictability


    Source date (UTC): 2017-04-19 17:55:18 UTC

    Original post: https://twitter.com/i/web/status/854755299625926657

    Reply addressees: @FormerlyFormer @primalpoly @JayMan471

    Replying to: https://twitter.com/i/web/status/854675179200536576


    IN REPLY TO:

    @FormerlyFormer

    @curtdoolittle @gmiller @JayMan471 You can’t solve the “who decides” problem, though. You get to limit false speech, but I get to decide what’s false. Deal? If not, why not?

    Original post: https://twitter.com/i/web/status/854675179200536576