Theme: Constitutional Order

  • THE ONLY EXISTENTIALLY POSSIBLE ANARCHY IS CONSTRUCTED BY NOMOCRACY – WHEREIN NO

    THE ONLY EXISTENTIALLY POSSIBLE ANARCHY IS CONSTRUCTED BY NOMOCRACY – WHEREIN NO ONE RULES BECAUSE EVERYONE RULES.


    Source date (UTC): 2015-05-26 04:09:00 UTC

  • (From elsewhere) (scientific method) (rule of law) Peter, Thanks again. (I am ex

    (From elsewhere) (scientific method) (rule of law)

    Peter,

    Thanks again. (I am extremely appreciative of your attention. I wish I could reduce my work to pithy one liners but I can’t.)

    Getting a couple of things out of the way: (a) Yes, My point was Hoppe was just a door for me because his arguments were analytic. Other have argued that it’s all in Kuehnelt-Leddihn – which is purely narrative. (b) I don’t believe Brouwer, Hibert, Goedel, Cantor, Russell, Mises, (or even Keynes – at least in his work on probability) understood that they were all dealing with the problem of justification. It’s clear that Poincaré couldn’t solve it. I am pretty sure that only Popper understood it. And that only Bridgman understood why – but he could not generalize it. Hayek certainly sensed it and reached into every possible discipline but couldn’t solve it except perhaps in law. But all of them sensed that something was not quite right – that science had evolved into pseudoscience: or what we today are calling ‘mathiness’. And what physicists claim is an over reliance on models and an under-reliance on increasingly expensive experimentation.

    (c) As to my reaction to Firestien, my reaction is the same as you suggested above: I go to the original authors: Hume on induction, and Popper on Critical Rationalism (even in its flawed cosmopolitan, rationalist and imprecise form), and Bridgman on his acknowledgement that we should have discovered relativity many generations earlier.

    So, of course I agree with “Ignorance”. But then, lets look at the difference between the goals of the research scientist and a teacher of science and the goals of the author of a constitution and the judges who must interpret the a law under the rule of law, such that he preserves logical decidability and therefore need not add his own subjective content in order to preserve rule of law. In other words: rather than the investigator lets look at the rules of constructing an institution that preserves liberty.

    So we start with: ‘meaning’ which assists in free association (theorizing), and ‘constructions’ which constitute proofs (the act of deciding), are very different things.

    Law must be strictly constructed if it is to be free of subjective content. This is the virtue of property rights as a positive expression of the single requirement for rational cooperation: the requirement that actions that affect others be productive, not parasitic.

    The rule of law should consist in a series of negatives, strictly constructed in response to innovations in parasitism which violate the rational incentive to cooperate.

    I am not concerned with free association – that’s a scientists concern. I do not think there is any magic to the now rather obvious fact that ‘what works’ (recipes) and ‘general rules’ (theories) are two different things – the former lets us act, the latter helps us with freely associating. But the only truths we know – meaning the only informationally complete statements – are negatives: what we know that fails. At this point it’s fairly obvious. (IN fact I have argued that there is only one rather expensive question that we need to answer in the practice of science: whether the least-cost means that we pursue confirms or falsifies Popper’s theory of Critical Preference. (I think there is a good argument to be made that we already perform the optimum means of investigation: cost based.)

    HOW DOES LAW EFFECT THE STUDY OF ECONOMICS?

    If you have immoral laws, and perform economic research to justify them, you then perform immoral economics. This is the essence of the Misesian argument. Mises made the (erroneous) argument that this was a scientific or logical constraint – it is neither. It is merely immoral. Cooperation is either rational or not. If it is not, then it is not cooperation, it is predation. And man has no obligation to suffer predation.

    Likewise praxeology allows us to construct proofs: tests of existential possibility, but not truths. We can theorize either empirically or through construction, or through free association: the means by which we come up with theories is irrelevant. What is relevant is the means by which we perform due diligence. And one of the tests of due diligence is morality: whether the transfers involved are voluntary (rational.)

    So the debate about how we do economics: empirically or deductively or by imagining fairy tail worlds, is totally irrelevant. it’s whether we test out theories. And without operational testing, (a praxeological test) we do not know whether our work is moral or not – or possible or not.

    So the missing logic in the sequence:

    – Identity (category)

    – Name (what we mistakenly call numbering)

    – Addition / Subtraction (arithmetic)

    – Relation (mathematics)

    – Causation (physics)

    was:

    – Cooperation. (economics) Meaning: Property rights as positive expressions of the negative prohibition on parasitism, without which cooperation is irrational; and where fully informed, warrantied, voluntary transfer, free of externality are a sufficient test of rational and moral action.

    followed by:

    – Decidability (Law). Strict construction.

    So operational criticism is not means of investigation – the means of investigation is irrelevant (that would be the fallacy of justification). Operations are a test of existential possibility. And laws are means of recording truth propositions in the negative form. Liberty is not a positive argument. It is a prohibitionary one: non-parasitism by violence, theft, fraud, indirection, free riding, socialization of losses, privatization of gains, conspiracy, conversion, invasion, conquest, and murder.

    So that is the difference in value judgements: do you wish assistance in free association? Or do you wish assistance in preventing the parasitism that allows for free association?

    That the warranty of due diligence is normatively enforced rather than legally enforced is less important in science than it is in propaganda. Because it is by propaganda and pseudoscience that the postmodern and progressive agenda is advanced.

    The norms of science need be practiced as requirement for warranties of due diligence before information is added to the informational commons – and those violate those warranties should pay restitution for their damages.

    Truth telling can be institutionalized. Because one need not be correct. one need only perform due diligence that he is not engaged in errors of omission, insufficient elimination of imaginary content, bias, and deceit.

    Scientists (even critical rationalists) defend their ability to err. AS if error was anywhere near as important as deceit.

    But as the 19th and 20th centuries have shown, (if not Kant himself), our civilization was attacked by pseudoscience, pseudo-rationalism, outright lies and propaganda.

    So my goals are not to eliminate error in the process of invention. My goals are the construction of institutions that prohibit deception.

    And this should be the goal of any moral economists – not just of philosophers.

    Anyway. Thanks for your valuable time. I hope I was able to communicate this rather interesting intersection of epistemology, science, morality and law.

    Cheers

    Curt Doolittle

    The Propertarian Institute

    Kiev, Ukraine

    ( Eli Harman , Ayelam Valentine Agaliba, Frank Lovell, Bruce Caithness #criticalrationalism #libertarian )


    Source date (UTC): 2015-05-24 08:18:00 UTC

  • LET FREEDOM REIGN Prohibit parasitism. Property rights for property en toto. Com

    LET FREEDOM REIGN

    Prohibit parasitism.

    Property rights for property en toto.

    Common organic law.

    Universal standing.

    Universal adherence.

    Contracts for commons

    Hereditary Monarch with Veto.

    Citizenship as shareholder.

    Dividends.

    Progressive fees.

    Voluntary allocation to commons.

    Truthful speech and deed.

    Warranty of truthful speech and deed.

    Mandatory insurance

    Involuntary saving.

    Involuntary service.

    No politicians.

    Lots of public intellectuals.

    Every man a sheriff.

    And catching liars is a profitable avocation.


    Source date (UTC): 2015-05-21 12:39:00 UTC

  • BRITISH BILL OF RIGHTS? SEAN GABB PUTS ONE FORWARD (I thought I’d add to it.) —

    http://thelibertarianalliance.com/2015/05/10/a-draft-bill-of-rights-for-the-united-kingdom/A BRITISH BILL OF RIGHTS? SEAN GABB PUTS ONE FORWARD

    (I thought I’d add to it.)



    Sean, Thoughts as I have them given Epstein, Hayek, and what we have seen in the states…

    a) No law shall be applied retroactively (no law no crime, no law no fine, no law no fee)

    b) Specify that unreasonable time be determined independent of the resources or constraints of the courts. (this will solve the vast majority of problems)

    c) Search and seizure does not prohibit freezing of assets, and it must, since this has gotten out of control in the states. American courts abuse this to starve you or impoverish you into submission.

    d) All persons acting in a crown capacity: police, administration, and judiciary, are required to speak the truth, the whole truth, and nothing but the truth, at all times. Police in america are incentivized to lie and have become very good at it.

    e) Prohibit entrapment. This has gotten out of hand in the states.

    f) Jury nullification for unjust laws. (Obvious)

    h) Separate violent and non violent offenders. Use single person cells if cells are required.

    g) Restore Libel Defamation and Slander (unless statements are true)

    h) prohibition upon infringement not violation.

    If possible (hard to swallow):

    i) universal standing in cases of violation of these (BoR) rights ( meaning that one need not be harmed, only possess direct knowledge of an infringement of these rights. If one possesses direct knowledge and does not act to prosecute infringement, then one is a conspiracy to the infringement.)

    j) all persons engaged in the administration of the law: police, administration and judiciary are personally liable for their actions, and must possess private insurance (bonds) to perform their duties.

    Sean Gabb’s Original Post:


    Source date (UTC): 2015-05-11 10:33:00 UTC

  • Why Are Americans So Proud Of Their History When The Usa Has A Shorter History Compared To Some Other Countries In The World?

    (a) Because we invented a new form of culture: a purely commercial one, absent of hierarchy.
    (b) Because we invented a new form of constitution and government by adapting the British to this new commercial culture.
    (c) Because we did not fall to the european suicide by internecine warfare (even if the brits suckered us into both world wars).
    (c) Because we are disproportionately productive compared to the rest of the world.
    (d) Because of our disproportionate productivity and size, we have disproportionate wealth and global influence.
    (e) Because we used our wealth and influence to drag humanity kicking and screaming out of colonialism, out of the world war, out of socialism and communism, and right now we’re trying to drag what’s left out of ignorance and mysticism and poverty.

    Now, personally I’m pretty anti-american for an american, because I feel that our conquest of Europe has only exacerbated western (germanic) suicide, by allowing europeans to develop an absurd, immoral, unscientific, and unsustainable economy and political system that can only be perpetuated through suicide by immigration of third world peoples unable to adapt to northern european the high trust nuclear family, truth telling, suppression of free riding, and protestant work ethic.

    Unfortunately, americans aspire to commit the same suicide.

    https://www.quora.com/Why-are-Americans-so-proud-of-their-history-when-the-USA-has-a-shorter-history-compared-to-some-other-countries-in-the-world

  • Why Are Americans So Proud Of Their History When The Usa Has A Shorter History Compared To Some Other Countries In The World?

    (a) Because we invented a new form of culture: a purely commercial one, absent of hierarchy.
    (b) Because we invented a new form of constitution and government by adapting the British to this new commercial culture.
    (c) Because we did not fall to the european suicide by internecine warfare (even if the brits suckered us into both world wars).
    (c) Because we are disproportionately productive compared to the rest of the world.
    (d) Because of our disproportionate productivity and size, we have disproportionate wealth and global influence.
    (e) Because we used our wealth and influence to drag humanity kicking and screaming out of colonialism, out of the world war, out of socialism and communism, and right now we’re trying to drag what’s left out of ignorance and mysticism and poverty.

    Now, personally I’m pretty anti-american for an american, because I feel that our conquest of Europe has only exacerbated western (germanic) suicide, by allowing europeans to develop an absurd, immoral, unscientific, and unsustainable economy and political system that can only be perpetuated through suicide by immigration of third world peoples unable to adapt to northern european the high trust nuclear family, truth telling, suppression of free riding, and protestant work ethic.

    Unfortunately, americans aspire to commit the same suicide.

    https://www.quora.com/Why-are-Americans-so-proud-of-their-history-when-the-USA-has-a-shorter-history-compared-to-some-other-countries-in-the-world

  • I WOULD HAVE DONE A MUCH BETTER JOB OF ARGUING IN FAVOR OF GAY MARRIAGE THAN DID

    http://dailysignal.com/2015/04/29/in-depth-key-questions-and-remarks-from-the-supreme-court-oral-arguments-on-marriage/?utm_source=heritagefoundation&utm_medium=email&utm_campaign=saturday&mkt_tok=3RkMMJWWfF9wsRojvqXKZKXonjHpfsX64%2B4vWKS3i4kz2EFye%2BLIHETpodcMS8tqNK%2BTFAwTG5toziV8R7jHKM1t0sEQWBHmHONESTLY, I WOULD HAVE DONE A MUCH BETTER JOB OF ARGUING IN FAVOR OF GAY MARRIAGE THAN DID THE PLAINTIFFS.

    The article is quite good: Roe v Wade did not allow the democratic process to work and therefore created an unsettled matter of profound divisiveness. The argument presented is that the states can continue the experiment. The court has no interest in repeating another roe-v-wade, and cutting short the democratic process.

    This is of course how the court should always have acted.

    But we must grasp that progressives are immoral, unscientific authoritarians and conservatives are moral, scientific, preventers-of-authoritarianism.

    In the end (as Eli Has stated) the problem is the term ‘marriage’. There is no reason that one cannot have all social and political benefits of heterosexual marriage, yet call it something else.

    I made that argument pretty thoroughly back in 2002.


    Source date (UTC): 2015-05-07 03:26:00 UTC

  • RULE OF LAW IS NOT A MATTER OF OPINION Either laws completely and totally limit

    RULE OF LAW IS NOT A MATTER OF OPINION

    Either laws completely and totally limit our executives in all circumstances other than defensive warfare, or there is no rule of law. Administrative ‘law’ is an impossibility. We can issue administrative commands, and by deceit, claim that they hold the same properties as law. We can issue regulatory commands, and by deceit claim that they hold the same properties as law. But they always have been convenient deceits – to grant to arbitrary human wish that which is necessary law of cooperation.

    Law is discovered, and recorded by neutral jurists, no less scientifically than physical laws, biological processes, and mechanical operations: as we invent new means of involuntary transfer – from the most simplistic and obvious violence theft and fraud, to the most indirect and obscure socialization of losses, privatization of commons, rent seeking and free riding – we register this new means of involuntary transfer (just as we register patents) as new prohibitions on involuntary transfer: law.

    We can choose to construct contracts for the production of commons, using government, and we can resolve those contracts in courts, using laws. But beyond the voluntary production of commons, all else is usurpation and command.


    Source date (UTC): 2015-04-08 01:45:00 UTC

  • RULE OF LAW AND THE FAILURE OF THE PRESIDENCY. All, This problem – of the Presid

    http://nomocracyinpolitics.com/2015/04/06/after-the-rule-of-law-by-john-samples/THE RULE OF LAW AND THE FAILURE OF THE PRESIDENCY.

    All,

    This problem – of the Presidency – is well studied in the literature. The general argument, and as far as I know, the general consensus, is that the presidency is a failed experiment. That had Washington accepted monarchy with veto power, and had we as a consequence adopted the British (English) system of prime minister, that we would find more consistent long term policy and less politicization of the bureaucracy.

    People overwhelmingly prefer monarchs – familial, tribal, cultural, and spiritual leaders and families that symbolize the populace. Curiously, countries with Monarchs outperform countries without. So the question of whether presidents abuse rule of law is a misplaced one: of course they have. The presidency was a mistake. Very few men in power respect rule of law. Their vanity, pride, idealism, legacies, entourage, pressures, dependents, and the people that put them into power guarantee it.

    RULE OF LAW

    As for rule of law, as far as I know, that lasted until Lincoln at best. And ended with FDR. It’s just taken this long to transform from a president who abused it but the public and academy wouldn’t tolerate (Nixon) to a president who can’t conceive of it (Obama), an academy the actively undermines it, and a public that is ignorant of and dismisses it.

    Either laws completely and totally limit our executives in all circumstances other than defensive warfare, or there is no rule of law. Administrative ‘law’ is an impossibility. We can issue administrative commands, and by deceit, claim that they hold the same properties as law. We can issue regulatory commands, and by deceit claim that they hold the same properties as law. But they always have been convenient deceits – to grant to arbitrary human wish that which is necessary law of cooperation.

    Law is discovered, and recorded by neutral jurists, no less scientifically than physical laws, biological processes, and mechanical operations: as we invent new means of involuntary transfer – from the most simplistic and obvious violence theft and fraud, to the most indirect and obscure socialization of losses, privatization of commons, rent seeking and free riding – we register this new means of involuntary transfer (just as we register patents) as new prohibitions on involuntary transfer: law.

    We can choose to construct contracts for the production of commons, using government, and we can resolve those contracts in courts, using laws. But beyond the voluntary production of commons, all else is usurpation and command.

    LIE BY ANALOGY

    One can lie easily using analogies. It is extremely difficult to lie using operational language. That is why science requires operational definitions. Whenever someone makes a statement about ‘law’ and rule of law, it is helpful to ascertain whether the person is engaged in deceit, by questioning whether he is talking about law, contractual provision, command, or permission.

    Humans evolved cooperation from non-cooperation because it was an unequalled multiplier in the production of calories, and concentration of calories in expensive offspring. But as soon as one develops cooperation one invites free riding (parasitism). The prevention of free riding is necessary for the preservation of cooperation – otherwise cooperation is irrational and counter-productive. Without the prevention of free riding, and without aggressive punishment of free riders – from the lazy family member to the aggressive alpha, to the predatory competitor – people cease to cooperate, and must cease to cooperate. And productivity declines accordingly. And trust declines accordingly. And economic velocity declines accordingly. And violence theft, fraud, free riding, and rent seeking and corruption and conspiracy – including political conspiracy at scale, and bureaucratic conspiracy of common malincentives expand to the point of equilibrium.

    We either possess rule of law: constraint, without exception, on discretion, or conversely, independence from discretion in matters of involuntary transfer – or we do not.

    THE DEPENDENT VARIABLE IS RULE OF LAW

    So on two questions, the presidency and rule of law, it is of little sense throwing money into a hole in the water, and of equally little sense debating the wishful virtues of men. Plato caused us enough harm doing so for one civilization to bear. We will not solve this problem or any other without restoring rule of law: there is no reason that the public is prohibited from universal standing for suing individuals in the government. The voting booth fails outside of the neighborhood of the voters.

    If we restore rule of law we can keep the president, even if the choice between president or prime minister is a matter of the quality of long term policy. But without rule of law, it matters little whether we have president or prime minister – because we merely obey commands.

    Without rule of law we are not provided with the means of conflict resolution for the purpose of developing cooperation by the organized and incremental prevention and prosecution of free riding. Instead, we are subjects, commanded, by an elaborate, obscurantist, operatic, ceremonial means of justifying those commands. And nothing else.

    And hence, there exists no incentive to cooperate. There is only incentive to obey commands offset by incentives to disobey commands. Liberty is the effect of rule of law. And rule of law cannot exist when courts cannot redress grievances.

    Sic Semper Tyrannis.

    Curt Doolittle

    The Propertarian Institute

    Kiev, Ukraine


    Source date (UTC): 2015-04-07 13:35:00 UTC

  • “First he comes for the banks and health care, uses the IRS to go after critics,

    —“First he comes for the banks and health care, uses the IRS to go after critics, politicizes the Justice Department, spies on journalists, tries to curb religious freedom, slashes the military, throws open the borders, doubles the debt and nationalizes the Internet.

    He lies to the public, ignores the Constitution, inflames race relations and urges Latinos to punish Republican “enemies.” He abandons our ­allies, appeases tyrants, coddles ­adversaries and uses the Crusades as an excuse for inaction as Islamist terrorists slaughter their way across the Mideast. — Now he’s coming for Israel.— Barack Obama’s promise to transform America was too modest. He is transforming the whole world before our eyes. Do you see it yet?”—

    The most destructive president in history. Our very own Nero.


    Source date (UTC): 2015-03-23 16:39:00 UTC