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Classical Contractualism and Rule of Law

(law) (definitions) (learning propertariansim)

[O]liver Wendel Holms really screwed American and anglo law.

The more I study American history the more obvious it becomes that without the many nearby competitors we had faced as Europeans in Europe, that the new continent provided an excuse for the conquerors to take license with the law given the unanimity of sentiment: seizure of the opportunity to profit from the conquest of the continent. A unanimity that was not present in Europe (and which is only present under empire.)

Law consists of the one rule necessary to preserve cooperation: the prohibition on parasitism that causes cooperation to be a rational preference.  And by causing cooperation to be a rational preference, we create and preserve the disproportionate rewards of cooperation, and the disproportionate rewards of the division of labor and knowledge in that is possible under cooperation.

The one rule of prohibition on parasitism includes all forms of parasitism: violence, theft, extortion, fraud, externality and conspiracy. 

Parasitism must be performed against something: Life, Mates and Offspring, Relations, Property,  Shareholder Property, Informal Institutional Property, and Formal Institutional Property.

And we must know how NOT to perform parasitism: by limiting our actions to Productive, fully informed,  warrantied, voluntary exchange, free of parasitism by the same criteria.

And we must agree to enforce this requirement in fulfillment of the prohibition on parasitism, by providing insurance to one another consisting of both the Obverse: we will provide a means of retaliation against violations of the rule; and Reverse: we will not retaliate against  retaliations that are performed against a violation of the rule.

To provide means of insurance by providing an organizational means of retaliation against violations of the one rule, we will construct a court (testimony), a jury, presided by one or more judges.

To simplify the act of determining whether violations have or have not occurred, we will record our decisions as the obverse: property rights, and the reverse: prohibitions on violations of those rights.

THE EVOLUTION OF NON-LAW FROM LAW

1) LEGAL SCIENTISM (SCIENTIFIC) or CLASSICAL LEGAL THEORY
Law consists of a set of axioms which cannot be violated (true). As such, law is if not a science, at least a formal logic, that is both internally consistent, externally correspondent and universally decidable. Political preference cannot override these principles. (Rule of Law)

2) LEGAL REALISM (RATIONAL) – THE FIRST AMERICAN VIOLATION OF RULE OF LAW
Law is constructed from both political and logical origins.

3) LEGAL POSITIVISM (ARATIONAL) – THE SECOND AMERICAN VIOLATION AND THE TOTAL ABANDONMENT OF RULE OF LAW
Law is a social construction unbound by any constraint other than its origin.

REFORMATION: LEGAL SCIENTIFIC CONTRACTUALISM (RATIO-SCIENTIFIC)
Law consists of a set of axioms which cannot be violated, since such violation whether singular grand and visible, or invisibly accumulated from multitudinous and minor errors, would violate and destroy the incentive to cooperate within a government by rule of law. However, nearly any desirable contract can be constructed by voluntary agreement of parties, so long as the internal transfers are enumerated and the net result is productive, fully informed, warrantied, voluntary exchange free of external imposition of costs upon others.

PROPERTARIANISM = LEGAL CONTRACTUALISM = CLASSICAL LAW

See Also: “The First Principles of Propertarian Ethics”

Curt Doolittle
The Propertarian Institute
Kiev, Ukraine, (Tallinn, Estonia)

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