Classical Contractualism and Rule of Law

(law) (definitions) (learning propertariansim)

Oliver 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)

Definitions: Calculable, Computational, Rational, Irrational, Arational, and “Black Box” 

(draft) (learning propertarianism)

The subtle differences in terms of comparison.

DEFINITIONS:

CALCULATIVE (HYPOTHETICAL) vs COMPUTATIONAL(DETERMINISTIC) – A process is CALCULATIVE if human beings are required to perform it, and COMPUTATIONAL if (current) computers can perform it.

CALCULATIVE INSTITUTIONS – The set of technologies that permit human beings to extend their perception and comparison ability, and therefore their ability to understand and forecast in complexity, particularly a division of knowledge and labor, as a means of assisting in planning, forecasting, production and decision making. Specifically: numbers, counting, arithmetic, accounting, algebra, calculus, statistics, combined with money, numeric time, banking, interest, contract, rule of law, combined with narrative, history, objective truth, combined with property, exchange, trade, markets.

CALCULATION / CALCULATIVE: A calculation is a deliberate process for transforming one or more inputs into one or more results, with variable change. The term is generally used to describe a spectrum of methods of reasoning, from the very definite arithmetical calculation of using an algorithm, to the vague heuristics of calculating a strategy in a competition or calculating the chance of a successful relationship between two people.

OPERATIONAL: A recipe for a description of a series of actions that produce a result within a limit of precision. (an existence proof)

COMPUTATIONAL: A sequence of mechanically producible and repeatable operations.

LOGICAL – A sequence of operations Not entirely a synonym for rational, since logical statements should be formally testable, while rational statements nearly need not be irrational.

RATIONAL – Reasonable. Reasoned. A conclusion achieved through the process of reason. Drawing hypotheses from juxtaposing facts against each other and determining their relations. Does not imply that the answer is correct. Only that logic was reasoning was properly applied.

IRRATIONAL – Not reasonable. Not correctly reasoned. In philosophical usage, means illogical, or poor reasoning. Specifically that the reasoning applied or decision made, does not result in the desired ends.

ARATIONAL – Having no rational characteristics; having no capacity to reason. In philosophy, not within the domain of what can be understood or analyzed by reason; outside the competence of the rules of reason.

ARATIONAL BLACK BOX – I use the terms “Black Box” and “Arational” to refer to non-logical content that produces beneficial ends. The problem with all religions other than perhaps stoicism and Buddhism, is that their resulting strategy differs from their claimed mythology. Christianity for example is a set of myths and ideals the purpose of which is to encourage if not force the extension of kinship love to non-kin, and by consequence, produce a high trust society.

A List of Hans Hermann Hoppe’s Errors

(from elsewhere)

I consider my work as a restatement of Hoppe’s in ratio-scientific terms rather than his use of aprioristic justificationary rationalism.

Hoppe’s problems (errors) are natural for a german philosopher who was trained by Marxists. But they are still considerable errors. But while he makes errors in construction, his conclusions from his justifications are correct.

– We justify moral actions within a normative system of evolved rules. We criticize truth propositions to test whether the theories survive. We do not find truth in justification – we find permission. We find truth in survival against all known criticism. Justification translates to “I can get away with saying this so you cannot say I violated the rules of cooperation: morality or law” while truth propositions under ratio-scientific criticism translates to “I have done due diligence to determine if this argument survives all know attempts at failure, regardless of preference, morality or law.”

Property demonstrably (empirically) exists prior to cooperation, and so does scarcity. But scarcity is imperceptible. Cost is perceptible. The origin of demonstrable property is in the cost to acquire. Scarcity explains why things are costly, but not the origination of property. Scarcity is an abstract explanation not a cause.

– Property rights exist due to the disproportionate returns on cooperation, and the necessity of preserving those returns by prohibiting parasitism. Property rights do not originate in scarcity of goods, they originate in the scarcity and disproportionate return on cooperation.

– Argumentation and contradiction originate in legal justification post-cooperation, not necessary constraints prior to cooperation. The first question of cooperation is ‘why don’t I kill you and take your stuff’, and only once we enter into a contract do we justify our actions. Prior to that fact no cooperation and nor moral constraint exists.  The logic of cooperation is not binary.  We live in an amoral world of  violence, theft, conspiracy and deception,  and construct cooperation at will. And our choices at any time are to (a) preserve the options of violence, theft, deception and conspiracy until opportunity avails to use it, (b) agree not to aggress but not to cooperate either (c) cooperate when useful preserving future opportunity for cooperation (d) cooperate whenever possible, expecting the same, (e) cease any level of cooperation and retreat to a prior level. So, contradiction is a test for a judge in matters of dispute resolution. It is not a necessary property of cooperation.

– The minimum scope of property reciprocally necessary to exchange, in order to provide minimum incentives for the rational formation of a voluntary polity is property-en-toto, or what we call “demonstrated-property” (demonstrated defense of that which we have paid costs to acquire), and the minimum scope of property is not IVP: intersubjectively verifiable property – (property that is epistemologically easy to test if we transfer). Hoppe and Rothbard misapply separatist ethics between polities (between states) as sufficient for the formation of a polity. (Ghetto Ethics.)  Arguably hoppe suggests that IVP is merely a minimum criteria and that all other properties must be arbitrarily constructed upon it.  However, this means that IVP is an insufficient criteria for a basis for law.  WHerease Property en Toto is a sufficient criteria for the basis for law.

– The formation of a voluntary (anarchic) polity requires that local transaction costs are low enough to limit demand for authority to either prevent retaliatiion for violations of property en toto, and to provide sufficient incentives to join such a polity rather than say, a democratic humanist polity. The reason is we must choose between high local transaction costs with low political costs that prohibit economic velocity, and low local transaction costs that encourage economic velocity with high political costs. Humans rationally choose government over anarchy unless anarchy provides the lower transaction costs. This means that anarchy is only possible under high trust. High trust is only possible under property en toto with it’s total prohibition on deception (cheating) rather than intersubjectively verifiable property with its tolerance for deceptoin and cheating.  A rational anarchic polity can only form under property en toto, not IVP.

– Those voluntary anarchic polities that have existed, on the few occasions that they have existed, have been the target of extermination by neighbors. Because the only reason to seek a low trust polity is some variation of parasitism: gypsies on the low end, pirates in the center, and financial predators (moral hazards) on the high end.

– The formation of a voluntary polity (anarchic) will only be possible under western aristocratic martial egalitarianism and the independent common law, prohibiting all parasitism against demonstrated property (what we bore costs for and defend), whether that parasitism is by violence, theft, extortion (blackmail, racketeering), fraud, (fraud by obscurantism, fraud by moralizing, fraud by omission), externality, (free riding, privatization of commons, socialization of losses), or conspiracy (statism, conversion, immigration, conquest, war and genocide).

– Mises was, like many of his contemporaries, trying to solve the problem of his era, and incorrectly cast operational testing by subjective analysis of rational incentives (praxeology) as a positive means of exploration sufficient for the investigation of cooperative and economic phenomenon, instead of a test of existential possibility of claims. Economics is empirical as any other of the science and only differs in that we know the first principles of cooperation (rational incentives on the positive side and non-imposition of costs – parasitism- on the negative side.) Whereas the first principles of the physical universe are as yet unknown to us. And where the first principles of declarative systems (logics) are matters of our discretion. (This is a rather difficult subject for all but those of us who specialize in epistemology.)

I could go on a bit, but Hoppe’s insights are in the perverse incentives of bureaucracies – even under democracy, and the exposition of all moral and legal argument as reducible to property rights.

All his justificationary argument is pure Kantian,Cosmopolitan and Marxist nonsense. We do not justify truth propositions. Truth propositions survive attempts to refute them.

I love the man, honestly. But he was a product of his time and place just as I am a product of mine. Science wins. Rationalism loses. Not only because science is necessary for the provision of truth, but because PHILOSOPHY HAS LARGELY BEEN USED TO LIE.

I hope this is of some value to you.

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

Reformation: The Study Of Man Before and After Propertarianism

Given the Spectrum of : {Neurobiology, Psychology, Sociology, Economics, Evolutionary Strategy, Politics and War}.

1) Neurobiology: how the brain works: chiefly: it’s biological limits to perception, cognition, memory, knowledge and reason.

2) Psychology: the study of the brain’s struggle to acquire and inventory, its limits, and its errors (cognitive biases) given the individual’s reproductive strategy.

3) Sociology: the study of cooperative acquisition by groups: the production of cooperative and normative commons.

4) Economics: the study of cooperative reproduction, production distribution and trade for the purposes of persistence. The productive commons.

6) Evolutionary Strategy: The suite of informal(manners, ethics, morals, myths, education), economic (production distribution and trade), and formal (law, politics ) institutions that allow the extant peoples to compete with other extant peoples. The competitive commons.

5) Politics: the study of organizational institutions for the purpose of producing competitive(group evolutionary strategy), reproductive, productive(economic), normative(institutions) and material commons.

6) War: the study of the limits of productive cooperation, and the imposition of cooperation, elimination of threats, and elimination of competition.

Man Acts To Acquire To Survive. Cooperation Is The Most Beneficial Means Action to Acquire. But only if cooperation is non-parasitic. And for cooperation to be non-parasitic it must be: productive, fully informed, warrantied, voluntary exchange, free of externality by the same criteria.

So, the study of man is the study of man’s acquisition of all that he desires. Man acts to acquire.

NEUROBIOLOGY
While we will undoubtedly gain further insights into man, brain and mind, it is unlikely that the Propertarian principles will be falsified – only increased in precision.
1) that man acts to acquire property en toto,
2) moral bias is determined by reproductive strategy
3) specialised moral biases that reflect our reproductive strategies and voluntary cooperation allow us to produce a market for cooperation that functions as an information system making use of the entire spectrum of perceptions in the division of perception, cognition, knowledge, labor and advocacy.
4) language evolved largely to justify actions in the context of cooperation rather than to identify truth propositions. Truth is difficult for us because it is critical. Justification is easy for us.

PSYCHOLOGY
Instead of asking what is right or wrong (deviation from an ideal) with someone’s thinking (a totalitarian doctrine) we ask what they seek to acquire, and whether they seek to acquire it by moral or immoral means. All human behavior can be expressed as interactions between desires for acquisition, the need to negotiate, and moral constraint, and the relative value, or lack of value, of cooperation.

SOCIOLOGY
Instead of asking what is right or wrong (deviation from an ideal), we ask what the group seeks to acquire, and whether they seek to acquire it by moral or immoral means.

EVOLUTIONARY STRATEGY
Instead of asking what is right or wrong (deviation from an idea) we ask what the group seeks ot acquire, and whether they seek to acquire it by internally and externally moral, or immoral, means.

ECONOMICS
Economics can be studied as the means by which we eliminate frictions (transaction costs) and thereby increase the ease and decrease the risk of cooperation (Austrian Economics), OR economics can bes studied as the means by which we search for extensions of rule of law such that interference in the economy is non-discretionary (Chicago Economics), OR economics can be the means by which we determining the maximum disinformation that we can insert into the economy for the purpose of increasing consumption, and by consumption, employment(Keynesian economics). But we now know that Austrian is the most moral, Chicago at least interferes under rule of law, and Keynesian (saltwater) economics is the means by which we conduct the most deceit.

POLITICS
Instead of asking what action is best (monopoly) we ask how individuals can organize into groups to conduct exchanges with other groups, in order to acquire what they wish to by moral or immoral means.

WAR
Instead of the empirical falsehood that war is universally bad, war is the only solution to the failure to cooperate on marginally indifferent moral terms, and war is perhaps the most productive effort man can undertake if one group increases the suppression of parasitism of another group, and especially if it creates or improves trade routes. Violence is either the means by which we enact parasitism, or the means by which we eliminate parasitism. If we eliminate, or at least reduce parasitism substantially, then war, like all prosecution of parasitism, is by definition, moral.

THE COMPLETION OF THE ENLIGHTENMENT PROJECT
The study of man prior to Propertarianism and post-Propertarianism is equal to the study of man prior to the enlightenment and after the enlightenment.

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

Art.  Fashion or Monument.

Contemporary art produces fashion not monument. It is high(short) time preference. A proletarian art. Not an aristocratic one.

Capitalism

The voluntary organization of production, distribution, and trade, that results in networks of sustainable specialization in production distribution and trade, that in turn adapts by change prices to small changes in demand;  by reorganizing in response moderate changes; and by dissolution and eventual reformation in response to shocks and persistent changes.

People, Skill, Knowledge, Relations.

Liberty Must Be Imposed by Force

LIBERTY (FREEDOM FROM PARASITISM) MUST BE IMPOSED BY FORCE, BUT LIBERTY NEED NOT BE UNIVERSALLY REQUIRED: A MONOPOLY IS NOT NECESSARY.

Liberty is the desire of those who are able.  Security the desire of those who are not. And parasitism is the desire of those who are evil.

While strict construction of agreements, and the decidability of conflicts are impossible without a monopoly of individual property rights to property-en-toto, there is no reason for a monopoly means of producing commons using those rights.

There is no reason some individuals cannot form collectives and ostracize libertarians and no reason libertarians cannot form collective and ostracize communalists.

There is no reason some cannot participate in socialist groups and others libertarian groups – as long as rule of law under property-en-toto, and the total prohibition on parasitism exists as a means of providing for strict construction of agreements, and decidability in conflicts.

We know what bad is: parasitism. But good is dependent upon your abilities.

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

It Was Hard to Convince People Competition is Moral.

It was very hard to convince people that competition was not immoral. Lending was not immoral. And trading was not immoral.

That’s because it often wasn’t.

Competition functions only when credit is relatively equal to access. Lending only when not hazard-producing or predatory. And trading when not a contrived artificial scarcity.

Hence why morality (rational cooperation) requires PRODUCTIVE fully informed, warrantied, voluntary exchange, free of externality of the same criteria.

And why BLACKMAIL is immoral, and why the NAP/IVP is immoral.

IF IT ISN’T PRODUCTIVE IT’S PARASITIC.

The Problem Facing The Lower Castes? Their Martial Elites Have Abandoned Them.

The problem facing our lower castes is that we have abandoned them to the hordes and they will not fight for their elites. And we need their numbers to fight the invasion and conquest.

The lower castes must have a reason to fight for their elites.


The martial class has abandoned responsibility for protecting the others.

Either we lead or we perish.

Our Feelings Tell Us Very Little Without Limits (Boundaries)

Falsification (Limits) tells us what is true. Confirmation is often comforting lie.

Heroin feels good. Many drugs feel good. Beer and chips and soccer feel good. Democracy feels good. Security feels good. But many things that feel good are not in fact good. Comforting lies are suicidal.

Our feelings evolved in response to scarcity. Bread feels good tastes good and smells good (carbs). Sugar tastes good. Milk tastes good (fat).

Almost all scarce things are good when scarce. They are less than good as staples. 

Our senses have not adapted to overabundance. We do not sense the harm of abundance. Our daily meals are feasts. We live in a world of feasting (consumption ) in every capacity. 

It’s no wonder our senses fail us.