Constitution: Rule of Law

Article II

The Rule of Law

“The Production of Markets of Cooperation”

The Law

Definition:

—“That which is set or established: Customary rules.”—

law (n.)
Old English lagu (plural laga, combining form lah-) “ordinance, rule prescribed by authority, regulation; district governed by the same laws;” also sometimes “right, legal privilege,” from Old Norse *lagu “law,” collective plural of lag “layer, measure, stroke,” literally “something laid down, that which is fixed or set” from Proto-Germanic *lagam “put, lay,” from PIE root *legh- “to lie, lay” (from PIE root *legh- “to lie down, lay”). Identical with lay (n.2) as “that which is set or established.”

The Natural Law: The One Law of Reciprocity

Definition:

The Natural Law: Thou shalt not, by display, word, or deed, or absence of display, word or deed, impose or allow the imposition of costs upon the demonstrated Interests of others (property-in-toto), either directly or indirectly, where those Interests were obtained by Settlement (conversion, or first use) or productive, fully informed, warrantied, voluntary exchange in the absence of such imposition of costs upon the demonstrated interests of others. Therefore thou shalt limit thy display, words and deeds, and the display, words and deeds of others, to the productive, fully informed, warrantied, voluntary exchange of demonstrated Interests (property in toto), free of imposition of costs upon the demonstrated Interests of others, either directly or indirectly.

On Reciprocity

Whereas;

1. There exists only one natural law of human cooperation and that is Reciprocity.

2. Reciprocity requires we limit our display, word, and deed to productive, fully informed, warrantied, voluntary transfer, free of imposition of costs upon the demonstrated interests of others either directly or indirectly by externality.

3. All conflicts are decidable by tests of reciprocity.

4. All attempts at avoiding ir-reciprocity constitute attempts at ethical, and moral, goods.

5. All attempts to circumvent reciprocity constitute an attempt at free riding, parasitism, or predation – whether by accident, error, bias, or intent – are irreciprocal, and criminal, unethical, immoral, or evil.

6. Reciprocity is a necessity while Proportionality is a luxury; and the Luxury of Proportionality may only be achieved through cumulative use of Reciprocity.

7. Constitutions for all forms of government, and their dependent Acts and Laws, can be constructed from the test of reciprocity if such constitutions are constructed truthfully, operationally, and completely – because contracts for rights and obligations may produce different sets of trades of rights and obligations that cumulative effect may be sufficiently agreeable that the incentive is insufficient to oppose it.

And Where;

( … Test of each step of reciprocity  checklist … )

Productive

Fully informed

Voluntary Transfer

Demonstrated Interest

Free of Negative Externality

Warrantied, Due diligence

Limits

On Via Negativa and Via Positiva

Via Positiva, meaning “By the Positive: addition, prescription, justification”

Via Negativa, meaning  “By the Negative: removal, prohibition, falsification”

Reciprocity provides a via-negativa logic of decidability that prohibits that which is harmful or false, and leaving open the option of anything that is not harmful and not false.

Ethics and Morality (define) (spectrum)

( … )

On Construction:

Whereas;

( … )

Therefore;

All acts shall conform to the following:

1. Nomocratic: All Acts shall descend from, the demand for, the premise of, the logical necessity of, the Natural law of Sovereignty and Reciprocity.

2. Algorithmic: All Acts shall be strictly constructed from a logical, sequential, test of reciprocity.

3. Isonomic: All Acts shall be general rules, universally applicable to all or all within a Class, and specific Rules not applicable to all within a Class are prohibited.

( Counsel: there is a long history of prohibiting legislation in the service of, or in the constraint of, individuals, special intersets, and intrest groups.)

4. Complete:

5. Contingent:

6. Internally consistent: stare decisis

7. Limited: And that all Acts must state the purpose, scope, and limits of the demands they impose such that the act cannot be expanded through political, prosecutorial, judicial or other activism. And that such expansions shall be attributable to the jurist that issues them.

8. Durable (except in court)

9. Perishable: sunset

10. Warrantied and Warrantable, and within the limits of restitution

11. Reversible and Restitutable

And;

All Acts shall follow this form of construction:

– We … (who)
– On Behalf of (Whom)
– Before The Court of ( … Court with Jurisdiction )
– With These Definitions (Definitions – Types)
– With These References (Imports, Functions)
– Whereas We Have Observed … (causes definition of state )

actor, incentive, action, upon noun, change in state, results, externalities, violation

– And Whereas We Desire ( Effects … definition of desired state)
– Therefore We propose …. (series of actions to change state)
– Such that We Produce (direct and external consequences)
– And We Argue in Our Defense …. (how the desired state, the propositions, do not violate the one law of reciprocity.)
– Where Our Argument Depends Upon … (prior Law and Acts)
– And would be reversed if (prior laws or acts were falsified, or conditions had changed),
– And otherwise shall expire (date of expiration),
– And we warranty this argument by ( skin in the game ).
-Signed (by)
…. -Juried (by)
…. …. -Adjudicated. (by)
…. …. …. -Recorded. (by)

On Construction by Function

( … )  (Template)

Categories of Law

Where;

Man demonstrates these methods of demand for Rules:

  1. Natural Law, Rights and Obligations
  2. Findings of Law, meaning Judge Discovered Law (discovered by the court)
  3. Contract (agreement between parties) under the one law of reciprocity.
  4. Acts of the Commons ( Rules produced by a governing body using rules of law, and given force of law )
  5. Acts of Regulation (Rules of Prior Constraint given force of law by the insurer of last resort)
  6. Acts of Command (rules given force of law, produced by one or more rulers and governors regardless of rules of law)

Decidability of Law

Where;

Man demonstrates these Methods of Decidability in Adjudication of Law:

1. Rule of Law by Reciprocity (Natural Law – Non Conflict)
Rule of Law by the Natural Law of Reciprocity (Logical), or “concrete” definition that must preserve one right of reciprocity, rendering all disputes decidable, and all  findings of law, regulation, and legislation, and all contracts under them decidable. Reciprocity provides a Formal Logic of Juridical Decidability.

Reciprocity creates law that is a Statement of FACT.

2. Rule of Law (By Conformity to Rights)
Rule of Law: a “Substantive” (Skeptical) or “thick” definition. Rule of Law by Rights provides a Rational method of juridical decidability.Substantive (Skeptical) conceptions of the rule of law include certain substantive rights that are said to be based on, or derived from, the rule of law. The substantive interpretation holds that the rule of law intrinsically must protect some or all individual rights – rights that can be articulated – but that need not be reciprocal or internally consistent.

Rule of Law by Conformity to Rights produces findings of law that are Rational Judgements given unavoidable inconsistencies.

In addition:
– No finding of the court, regulation, or legislation may apply retroactively: if there is no such code there is no crime, other than a crime of irreciprocity.

3. Rule By Law (Rule by Legislation – Agreement between a Group)
Rule by Law: a “Formalist”: (Optimistic) or “thin” definition, that must not preserve any such rights, and that either the state or the people are unlimited in their imposition of  ….   Rule by Legislation is a Formalist (Optimistic) definitions of the rule of law do not make a judgment about the “justness” of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. The formalist interpretation holds that the rule of law has purely formal characteristics, meaning that the law must be publicly declared, with prospective application, and possess the characteristics of generality, equality, and certainty, but there are no requirements with regard to the content of the law.

In addition, some theorists hold that democracy(majority) can circumvent both procedure and rights, or construct new rights (rather than privileges).

Formalism allows laws the pretense of claiming rule of law when rights are not protected by including countries that do not necessarily have such laws protecting democracy or individual rights in the scope of the definition of  “rule of law”.

The “formal” interpretation is more widespread than the “substantive” interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law.

Rule of Law by Legislation produces findings of law that are Reasonable given the inconsistency of the basis for laws.

4. Rule of Man (By Arbitrary Discretion – Individuals )
A “Functional” (Fictional) or “ultra-thin” definition.The functional (Fictional) interpretation of the term “rule of law”, consistent with the traditional English meaning, contrasts the “rule of law” with the “rule of man.” According to the functional argument, a society in which government officers have a great deal of discretion has a low degree of “rule of law”, whereas a society in which government officers have little discretion has a high degree of “rule of law”.

Rule of Man’s Arbitrary Discretion requires neither formal process nor substantial rights be respected, and allows government officials great and possibly unlimited ‘discretion’, but not necessarily the judiciary or the people.

Rule of law by Arbitrary Discretion produces findings of law that are Arbitrary.

( Counsel:  The ancient concept of Rule OF law can and shall be distinguished from rule BY law, in that, under the rule OF law, the law serves as a check against the abuse of power by the judiciary and the state, and rule of law by the Natural Law of  Reciprocity (“Natural Law”) serves as a check against the government, the judiciary, and the people.

Under rule BY law, findings of the court, regulation, legislation, and commands are enforced as if law a mere tool for a government, that oppresses the population a using legislation as justification for arbitrary commands – a means of violating rights

Under Rule of Man, there are no checks on power to violate rights.  

As such there is only one Rule of Law: Reciprocity, and all other pretenses are not rule of law, but judgements of some number of Men, with varying degrees of consistency and given force of law, by organized violence to do so. )

Common Anglo Empirical Market Law Between Equals vs Continental Bureaucratic Law Between Rulers and Subjects

Where;

a relationship between men, a relationship between men and the state.

( … )

The Common Law : The Via-Negativa law of Sovereigns

The Napoleonic Continental Law: The Via-Positiva and Via Negativa Law of Subjects

Therefore;

The Napoleonic, Continental Law, is a violation of the Natural Law of the European peoples.

The Natural Law of Reciprocity, evolved under the Traditional, Common, Empirical, Law of Reciprocity in Tort is the only Jurisprudence and Law that may rule the European Peoples.

Those Under Defense of the Law (Define)

( … )

Those Outside the Law “Outlaw” (define)

( … )

Obligations (define)

( … ) Definitions: …

Rights (define)

( … ) Definitions:

Inalienabilty (define)

( … ) Definitions:

Sovereignty, Liberty, Freedom, Serfdom, Slavery, and Imprisonment

( … )

Possession, Property, Right, and Title

Where;

  1. Opportunity: any interest that Man my wish to acquire through investment that has not yet been invested in by others.
  2. Possession: Possession is a Fact. Possessions are Personally insured. Consisting of that which one has acted to prevent others from consumption or use.
  3. Property: Property is a norm. Property is collectively insured. Consisting of that which evolves as general rules of non imposition between people with similar kinship, interests, or interdependence. Property is that which is insured against non-imposition by a third party organization.
  4. Property Rights: Property Rights are dependent upon the existence of an institution that enforces rights and obligations in matters of disputes.
  5. Title …..

The Uninsured:

Natural Right: Reciprocity.

Desired Right: A right that you wish to possess if you can find (a) a party to exchange it with you and (b) an enforcer (insurer) of those rights once you negotiated them.

The Self Insured:

Consensual Right: (from promise to formal document)

The Collectively Insured:

Normative Right: (norms, manners, ethics, morals),

The Institutionally Insured (enforceable):

Right (Legal Right) : a contractual obligation by another party to perform some actions, and refrain from other actions

  • Findings of Law proper (discovered),
  • Legislation (negotiated),
  • Regulation (issued)
  • Command (commanded)

Enforceable Rights: Enforceable Rights exist only when

  • (a) obtained in contractual exchange, and;
  • (b) are enforceable in matters of dispute by a third party ‘insurer’.
  • (c) the insurer being the court, government, police, sheriff, people or other enforcer.

The Institutional Privileges

Artificial Right (or Political Privilege)

  • Negative Right: a contractual obligation by another party to refrain from actions: to forgo opportunities for gains. The only rights we can reciprocally grant each other are negative, because we can only equally possess the ability to refrain from action.
  • Positive Right: a contractual obligation by another party to perform actions: to bear costs, and to forgo opportunity for ‘defection’ (cheating).

The International Ambitions

Human Rights : Those Institutional rights necessary for human freedom from political predation, that any government must seek to produce for its citizens if that government wishes to preserve its sovereignty from actions against it by those signatories of the contract for human rights: the insurers of last resort.

Human rights were an attempt by western nations in the post-colonial and post-war era to set the terms by which governments would respect the sovereignty(esp. borders) of other governments, in an attempt to limit countries to internal development rather than expansionary war; to prevent another world war; to contain the horrors of communism; to contain the horrors of Islamism; to prevent the continuing horrors of primitive and developing countries; and to direct the purpose of government exclusively to the improvement of the condition of those under it’s dominion.

Violations of Rights (define common crimes under each)

  • Regulation (specific rules of compliance enforcing general objectives of policy)
  • Infraction (insurer, exporting of risk)
  • Conduct (mis-de-mean’-or, violation of conduct that create or export risk)
  • Free riding (failures of duty and due diligence in all their forms, privatization of commons, socialization of losses.)
  • Rent Seeking,
  • Hazard (drugs, weapons, explosives, bioweapons, misinformation, untruths.)
  • Parasitism (Fraud, Conspiracy, blackmail), False Promise and Baiting into Hazard
  • Passion (Defense of honor; Defense of mate, family, kin; Defense of friends/assoc. )
  • Predation (theft, harm, murder for gain)
  • Evil (harm for the purpose of satisfaction by harm alone)
  • Treason (War)

Where Acting as:

  • individuals,
  • individuals in the interest of groups,
  • groups

And Where Acting or Failing to Act By: 

  • failure of due diligence
  • conspiracies of common interest
  • intent
  • conspiracies of intent

And Where Severity By :

  • Legislative, Regulatory, or Procedural Violation
  • Failure of Due Diligence
  • Disruption of the Peace
  • Betrayal of Trust (white collar)
  • Non-Violent (property)
  • Violent (property)
  • Murder (Life, Body, Mind))
  • Betrayal of the Public Trust (political)
  • Treason

And;

  • Compensatory (a fine up to 1/5 of the Median Household income)
  • Misdemeanor (less than one year and less than 1/5 of the median household income)
  • Felony (more than one year and more than 1/5 of the median household income)
  • Capital Crime (death penalty)
  • Treason

And Where Law Demands;

  • Restitution regardless of intent
  • Punishment for intent, Intent on behalf of the interest of; conspiracy of common interest, conspiracy,  or failure of due diligence.
  • Prevention of Imitation
  • Insurance of Others

From;

  • Individuals,
  • Individuals or groups in the interest of groups,
  • Groups

Closing (Summary)

There is only one of rule of law under which no one can override natural rights (transcendence, sovereignty of life, liberty, property,  under reciprocity, truth, duty, and markets.)

Rule by legislation allows either the state, or the body politic to override those rules.

And rule by man allows arbitrary discretion on the part of officials (members of the monopoly bureaucracy).

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