Spectrum of Laws of Nature: 0) Logical (Formal) Laws, 1) Physical Laws, 2) Natural Laws (of cooperation: Self Determination by self-determination Sovereignty, Reciprocity, Truth, Duty), 3) Evolutionary Laws (consequences of behavior).
Spectrum of Laws of Man: the via negativa laws: 1) Natural Law of Cooperation (Self Determination by self-determined means, by Sovereignty, Reciprocity, Truth, Duty)ie: Scientific Legitimacy. 2) Common, Traditional, Empirical Law in the absence of scientific basis for law. 2) Rights Law, (contractual legitimacy). Those via negativa laws contast with the via Positiva Laws 3) Process Law (procedural legitimacy), 4) Command Law (authority legitimacy).
Spectrum of Institutions of Production: The State, vs the Court, vs the Government, vs the Citizenry, vs The Family. The State consists of a corporation that holds a monopoly of control over the assets of a polity. The Court via negativa rules by discovery of violations of the law of self-determination by sovereignty, reciprocity, truth, and duty. The Government via positiva produces commons that we may not consume only use. The Citizenry (the economy), produces private goods open to consumption. The Family (man and woman) produces generations. The individual survives by production in which he must seek the returns of cooperation. Fiat money: Fiat money prevents asset holders ( lenders ) from rent seeking (corruption) and from capture of unearned appreciation of currency, neither of which contribute to production and therefore reciprocity within the limits of proportionality. The limit of fiat money is impact upon the organization of intertemporal production (Hayekian Triangles). Individuals have no right to appreciation of or absence of appreciation of fiat currency (shares in the productivity of the state, government, economy, citizenry). Instead, we have the ability to convert fiat currency into a store of value or in to a producer of value, instead of using money (interest) as a means of rent-seeking without providing contribution to production. IOW; fiat money consists of shares in the commons. A state cannot survive without the ability to use fiat currency to reduce interest rates, maintain economic velocity, fund infrastructure (commons) and if necessary fund wars. In other words, the need for fiat money like the need for defense spending is determined by external competitors not internal preference.
Property: Property consists of demonstrating an interest by bearing a cost in anticipation of exclusive or fractional interest, without imposing upon the demonstrated interests of others. For the institution of property to exist, requires an insurer capable of insuring a demonstrated interest requires reciprocal exchange (Transfer). So property only exists when an insurer capable of its insurance exists, just as sovereignty only exists when military capable of insuring it exists. So discovery leads to effort, leads to possession, leads to reciprocal agreement in defense of one’s sovereignty and therefore property, leads to the formation of organizations (institutions) that function of insurer and defender of last resort: the state.
Rights: As such, what we call natural or human rights are a good we prefer to construct, and all those rights are constructed by the production of organizations (a commons) capable of insuring those desired rights. Rights don’t exist. They are made. They are made like any other commons.
Robert is relying on the common libertarian (Continental, Marxist, Abrahamic) art of justification rather than trying to falsify his claims. Science falsifies. The statements above survive falsification. Juridical Science (Law of Decidability) is possible. But It falsifies libertarianism, whether American dream of the wild west, Hoppe’s impossible dream of restoring the german free cities, or Rothbard’s impossible dream of restoring the parasitism of the Pale, or the Jewish impossibility of separatist law in order to avoid paying the costs of the commons – and returns us to the common, English, norman, anglo Saxon, germanic, greco-roman, west indo European law, and the Indo European invention of contractualism – because it is that law that was the difference between the west and the rest; it maximizes evolutionary computation and therefore the rate of evolution, and the condition of prosperity during it.