Constitution: Rights and Obligation Under The Law

Article III

Rights and Obligations Under The Natural Law of Reciprocity

Regarding Truthful Speech

Whereas;

(market for information)

Definition:

1. Tautological Truth: That testimony you give when promising the equality of two statements using different terms: A circular definition, a statement of equality or a statement of identity.

2. Analytic Truth: The testimony you give promising the internal consistency of one or more statements used in the construction of a proof in an axiomatic(declarative) system. (a Logical Truth).

3. Ideal Truth: That testimony (description) you would give, if your knowledge (information) was complete, your language was sufficient, stated without error, cleansed of bias, and absent deceit, within the scope of precision limited to the context of the question you wish to answer; and the promise that another possessed of the same knowledge (information), performing the same due diligence, having the same experiences, would provide the same testimony. (Ideal Truth = Perfect Parsimony.)

4. Truthfulness: that testimony (description) you give if your knowledge (information) is incomplete, your language is insufficient, you have performed due diligence in the elimination of error, imaginary content, wishful thinking, bias, fictionalism, and deceit; within the scope of precision limited to the question you wish to answer; and which you warranty to be so; and the promise that another possessed of the knowledge, performing the same due diligence, having the same experiences, would provide the same testimony.

4. Honesty: that testimony (description) you give with full knowledge that knowledge is incomplete, your language is insufficient, but you have not performed due diligence in the elimination of error and bias, but which you warranty is free of deceit; within the scope of precision limited to the question you wish to answer; and the promise that another possess of the same knowledge (information), performing the same due diligence, having the same experiences, would provide the same testimony.

Decidability;

( … )

Truthful speech satisfies the Demand for Increasing Infallibility of Decidability:

1. Intelligible: Decidable enough to imagine a conceptual relationship
2. Reasonable: Decidable enough for me to feel confident that my decision will satisfy my needs, and is not a waste of time, energy, resources.
3. Actionable: Decidable enough for me to take actions given time, effort, knowledge, resources.
4. Ethical and Moral: Decidable enough for me to not impose risk or costs upon the interests of others, or cause others to retaliate against me, if they have knowledge of and transparency into my actions.
5. Normative: Decidable enough to resolve a conflict without subjective opinion among my fellow people with similar values.
6. Judicial: Decidable enough to resolve a conflict without subjective opinion across different peoples with different knowledge, comprehension and values.
7. Scientific: Decidable regardless of all opinions or perspectives (‘True’)
8. Logical: Decidable out of physical or logical necessity
9. Tautological: Decidedly identical in properties (referents) if not references (terms). So to borrow the one of many terms from Economics, we can see in this series (list) a market demand for increasingly infallible decidability.

The criteria for truthful speech is Coherence across the dimensions testifiable by man:

  1. Categorically Consistent (Non-conflationary, Differences)
  2. Internally Consistent (Logical)
  3. Externally Correspondent (Empirical)
  4. Operationally Consistent (Consisting of Operational Terms that are Repeatable and Testable)
  5. Rational Choice (Consisting of Rational choice, in available time frame)
  6. Reciprocal (Consisting of Reciprocally Rational Choice)
  7. With Stated Limits and Fully Accounted (Defense against cherry picking and inflation)
  8. Warrantied
    1. as having performed due diligence in the above dimensions;
    2. where due diligence is sufficient to satisfy the demand for infallibility;
    3. and where one encourages no risk that one cannot perform restitution for.

As a defense against:

1. Ignorance and Willful Ignorance;
2. Error and failure of Due Diligence;
3. Bias and Wishful Thinking;
4. And the many Deceits of:

(a) Loading and Framing;
(b) Suggestion, Obscurantism, and Overloading and Propaganda;
(c) Fictionalisms of Sophisms, Pseudorationalisms, Pseudoscience, and Supernaturalism;
(d) and outright Fabrications.

Therefore;

1 – No right to Falsehood of any kind shall be permitted for any reason.

( Counsel: While we may not violate an individual’s right to his or her thoughts, we have the obligation to prevent harm by display word and deed that produces evidence of those thoughts in the commons, where demand for desirable falsehoods spreads among those with the least agency to resist them. )

2 – In defense of the Informational Commons, Public Speech in display word and deed, shall be Truthful;

(a) And as such the obligation for coherent, consistent, correspondent, operational, rational, reciprocal, complete, and limited speech shall replace the tolerance for untruthful speech.

(b) And all use of the means of deception, fraud, and informational destruction, we name Fictionalisms are prohibited from public speech, including:

(a) Psychologism and Moralism;
(b) Sophisms, including the techniques of Idealism, Pseudo-rationalism, Pilpul, and Critique;
(c) Super-normalism and Supernaturalism;
(d) Pseudoscience and Magic;

(c) And all Speech and all speech products (display, word, and deed) shall be involuntarily warrantied, as are all other goods, services, and information to be free of harm directly, indirectly, or by accumulated consequence of externality.

3 – The right to be free of Defamation in Speech (libel), Alternates to speech (slander) shall not be infringed; and the obligation that one speak truthfully, and that the person, group, or organization committed a crime punishable under law, shall not be limited.

(a) The offended party need not demonstrate damage. The offending party need demonstrate it is not false.

(b) The practice of “Trial by Media” shall be prohibited.

(Counsel: Having opened the Court to standing in matters of the commons, all disputes public and private can have recourse of action and voice). 

4 – The right to be free of fictionalism, treason, and sedition in arts and letters, shall include;

(a) fiction shall be labeled and structured as a fiction, and obviously so;
(b) dramatization of public figures prohibited;
(c) attempts at creation of a false history (historical fictionalism) shall be prohibited;
(d) casting of the un-heroic as heroic, immoral as moral, and unethical as ethical, shall be prohibited.
(d) casting the the constitution, declaration, western civilization, as unheroic, immoral, or unethical shall be prohibited.

(Counsel: The Abrahamic practice of using the permissiveness of the arts and letters to harm the informational commons by the diminution of our ancestors and heroes shall be prohibited.)

5 – The right to be free of competition of, or argument against, this constitution, and the duty to prosecute all attempts.

Regarding Language of Speech 

( … ) (Differences in language : high precision, low context, the relation to truth and operational speech, the metaphysical content of languages, and the costs of frictions from competing other speech.)

1. The language shall be English and exclusively English in all public speech, including display word and deed, with no accomodation, tolerance or exception.

( Counsel: whereas english is a precise legal and scientific language suitable for operational speech; and whereas the commonality of language reinforces a commonality and subtlety of meaning, and the associated premiums there from, no one has the right to impose costs on that commons we call language by competition. )

 

Regarding Privacy

( … )

Regarding Interference 

1. The Right of Transit in commercial and public spaces shall not be infringed. Therefore, the obligation to refrain from obstruction of ways, including aisles, paths, roads and their likenesses, in land, water, air, space  shall not be diminished.

-Regarding Association, Disassociation, Exit, and Secession-

1. The right of the people to exit from any political order and its territory without cost or penalty shall not be infringed.

(Counsel: The right of association is meaningless without rights of disassociation (exclusion).  The right of disassociation for any reason whatsoever shall be restored, and no forcible interactions shall be imposed upon people. This ends the forced association of peoples against their will)

2. The right of the people to freedom of association, disassociation, and exit, for any reason, in matters private, commercial, and political shall not be infringed.  The people shall have the right to form gatherings, organizations, enterprises, neighborhoods, regions or realms by any criteria they choose without exception.

3. All members of any organization, whether Religious, Intellectual, Political, Civic, Commercial, or Criminal; and whether formal or informal, shall insure the display, word, and deed of all other members, and shall be be accountable for the display word and deed of all other members in actions of common interests.

(Counsel: The practice of fringe members of any organization to take criminal, unethical, and immoral actions that advance common interests while preserving the activities of the group unchanged, shall end.)

4. The right to be free of harassment shall not be infringed.  Therefore the right of Transit of the Commons shall be granted reciprocally, but no other rights shall exist between one person and another without consent, and all possible rights are prohibited when expressly rejected.  Therefore Stalking, Paparazzi, Protesting, Activism, Journalism, Recruiting, Preaching, Selling, and Begging alike are prohibited.

(Counsel: The courts give us all necessary means of resolution and the tolerance for harassment, particularly of public figures shall be terminated.)

–Regarding Several Property Interests–

( … )

-Regarding Common Property Interests-

1 – The right of Transit, including driving, on existing routes, shall not be infringed for any reason other than for the past imposition on risk of others by means of recklessness, impairment driving, or interference in other’s driving, whether by display, word, or deed.

2 – All laws regarding the use of private and common spaces and all within them shall enumerate which rights are granted and if unenumerated shall be deemed ‘Sacred’; meaning that one has none of the rights listed below, whatsoever.

Those rights shall be:

  • Sacred: no rights.
  • Transit – passage by walking through 3d space, without mechanical or other aid, limited to what you can carry, on existing paths.
  • Transport – passage of other than body and what you can carry without aid through space, on existing paths.
  • Wander – movement over outside of existing paths.
  • Loiter – Enumerated as ‘Rest’, Sleep, ‘Stay’
  • Congregation – of more than one person.
  • Observation – may observe others, or merely watch where  you ‘re walking – this is to limit both people observing, image capture, and drone activity.
  • Recording – by any means.
  • Display – including dress, appearance, and behavior
  • Sound – other that whispers from one person to another
  • Approach – right of approaching others
  • Greeting – Acknowledgement of one another’s presence.
  • Speech (Word), and shall enumerate to include
  • …. …. …. “Acknowledgement“,
  • …. …. …. “Introduction“,
  • …. …. …. “Conversation“,
  • …. …. …. “Solicitation“, “Begging
  • …. …. …. “Promotion“,
  • …. …. …. “Listed Topics, Listed Prohibited Topics
  • Action  ‘Movement’, ‘Touch’, ‘Play’
  • Usus – Use: setting up a stall.
  • Fructus – Fruits: (blackberries, wood, profits)
  • Emancipation – Emancipation: (sale, transfer)
  • Homestead – Homesteading: Convert an opportunity into property through bearing a cost of transformation.
  • Abusus – Abuse: (Consumption, harm or Destruction)

Regarding Artificial Property Interests

Whereas;

The purpose of copyright, trademark, brand, patent, and natural patent is to prevent profit without contribution to research, development, and production – it is a prohibition on free riding.

Therefore;

1 – The purpose of Trademark is the production of a weight and measure, and all such marks shall constitute a weight and measure. As such the right of the people to register trademarks, and prohibit violations of those trademarks shall not be infringed.  The purpose of the practice of “branding” using the full range of visible properties available to man, shall constitute a weight and measure.

2 – The purpose of Copyright is to prevent profit from the productivity of an author in the market for goods, services, and information. Copyright shall be reduced to the Creative Commons that disallows profiting from the distribution of works by others but permits copying for personal and non-commercial use. (Defund Entertainment through elimination of market subsidy via copyright, yet preserve rights of creators from profiting from their efforts without compensation. This shall not be construed beyond the original intent of this clause which is the free distribution of all creative works but the requirement to negotiate compensation from the use of such works for commercial purposes. In other words, a radio station may play music for free and a civic festival show a video for free, but the use of any works in acts of marketing, advertising, or branding, or reproduction for sale require negotiation with the creator.

3 – The purpose of Patents is to subsidize BASIC technological research and investment such that the rewards for basic research are substantive.  Patents are not a vehicle depriving the market of innovations, or depriving the market of goods services or information, or creating rents, but for providing compensation and reward for investment in basic research.  As such, the scope of patents shall be limited to basic research in materials and processes of physical transformation and construction, and in particular neither logical nor aesthetic patents shall be issued. They shall be protected under copyright and trademark.

4 – The purpose of Natural Patents is to provide compensation to individuals for the production of innovation whether by design or accident. A natural patent shall apply to the use of an individual’s genome or any other biological product for commercial use.

5 – The durability of copyright, trademark, brand, patent, and  natural patents:

  • The durability of Copyright shall be the lifetime of the creators and living offspring at the time of production.
  • The durability of trademark shall be the continued production of the good, service, or information plus three years.
  • The durability of a brand shall be the continued production of the good plus three years.
  • The durability of a patent shall be the direct cost of investment times five, the duration of the production, distribution, and sale plus eighteen months.  Patents may be sold, but only for the purpose of production. Patents may not be held either to deny the market, nor to farm the patent for dividends, nor to pursue profit for patent infringement independent of production.
  • The durability of a natural patent shall be the lifetime of the individual, his offspring whether living or yet to be.

-Regarding Borders and Territory-

1. Any aliens who attempt to enter the territory by any means other than those prescribed to Visitors shall be subject to extra-judicial punishment or execution without trial or appeal, by any of the people, at any time, at their sole discretion.

2. Any government unable to contain their people from continuous flight such that they pose border risks to the Territory shall have implicitly declared war, and shall lose rights of sovereignty, reciprocity, rule and governance, and any actions necessary to prevent such continued warfare shall be used to restore borders and order, including conquest, subjugation, and rule.

 

Defense of Interests, Rights and Obligations

1 – The right of Citizens to Keep and Bear Arms with the sole exclusion of explosive frangible weapons with a lateral area-of-effect greater than fifteen feet, chemical weapons of mass harm, and biological weapons of mass harm, shall not be infringed.

(Counsel: the intent of the exclusion of frangible weapons to preserve the right of forward facing explosive ammunition necessary for penetration in current and future conflict, but limit the use of omnidirectional (hand grenades) and self-propelled (rocket, missile) weapons to issue from the armory. ) 

2 – The obligation of all men who are able and citizens between 16 and 65 to keep and bear necessary and sufficient arms and ammunition, and to remain disciplined in their use, and fit to use them in defense of the people and their interests shall not be infringed.

3 – Prohibition on Treason (in display word and deed)

(a) Whoever, owing allegiance to the people and this constitution thereof, assists in war by violence, immigration, conversion, information, or trade or any other means of harm against them or advances the interests of their competitors, giving them information, or aid or comfort within or without, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than one half of the median income; shall be reduced to Resident, shall be incapable of holding any office, or to engage in public speech.

(b) Whoever, owing allegiance to the people and this constitution thereof, and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to a officer of the military, or to a governor or to some judge or justice, is guilty of misprision of treason and shall be fined or imprisoned not more than seven years, or both.

4 – Rights and Obligations of Sedition

Except in restitution of the terms of this constitution, if two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the political institutions of the people, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.   Conversely, it is the right and obligation of the people, the militia, and the military, to restore this constitution by any and all means possible, save none.

4 – Rights and Obligation of Revolt

Except in restitution of the terms of this constitution, whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the institutions of this constitution, or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States. Conversely, it is the right and obligation of the people, the militia, and the military, to restore this constitution by any and all means possible, save none.

Extra Judicial Cessation, Restitution, and Punishment

1. The right of the people to Extra-judicial Prosecution and Punishment of perpetrators of repeated crimes of predation, with the presence and consent of no less than twenty five citizens, shall not be infringed.

(i) Whereas the court must prohibit itself and those before it from abuses of procedure and law, which leaves open the possibility of release of the guilty.  Therefore the right of the people to act when due process fails, shall not be infringed.

(ii) Whereas it is in the nature of the people to grant excessive sympathy, the right of the people to hanging of pedophiles and rapists, and to the whipping of scolds shall not be infringed.

4. The right to Stand One’s Ground shall not be infringed.  All men’s intentions shall be taken by their display word and deed, and all threats immediate and actionable.

5. The right of citizens to Castle in one’s Home shall not be infringed with the exceptions of murder, kidnapping, hostage-taking, imminent physical harm, explosives large enough to damage neighbouring property, and other weapons of mass destruction.

( Counsel: Every Sovereign man is his own legislature, but as such, bears the consequences of his own legislation. )

6. The right to Defend Marriage from interference, and  Self, Spouse, Children, Kin, and one’s Private Property from harm and loss shall not be infringed.

(Counsel: Crimes of passion in the face of present evidence are warranted in defense of self, mates, and kin. )

7. The right to Demand Apology and Restitution  (duel) in defense of reputation and honor, to self, mate, family, kin, and nation; to engage hand to hand fighting if unsatisfied; to delay the restitution, or appeal to the People or the Court for satisfaction shall not be infringed.  The obligation to cease upon submission, to refrain from striking when down, and prohibit kicking of the head, shall be preserved; and the violation of this obligation shall be a crime of attempted murder, which may be adjudicated by seconds if present.

(a) In the matter of defense and duel, the right to be free of ir-reciprocity or escalation; and to be free of retaliation against proxies (feud) shall not be infringed.

( Counsel:  —“The Sovereign’s ready answer to ridicule, shaming, rallying, gossiping, scolding, fictionalism and deceit, is violence: the duel.”— )

Policy

6 – Title to Property:

– A multiple redundant database shall be created for the registry of titles to interests.

– ( … )

Advertisements