DECLARATION OF COMMON LAW

DEFINITIONS

This declaration of common law is believed to approximate the ideal bill of rights to ensure the maximum happiness for the maximum number of individuals in a society. Individual happiness is determined by the freedom to pursue those goals that the individual believes will make him happy without infringing on the pursuit of others to maximize their happiness. The possession and protection of
property is crucial to the pursuit of happiness because without property there is no incentive to improve resources and great incentive to exploit the resources. This declaration is
a supercontract in that it applies even to individuals who do not subscribe to its tenets and therefore may compete with other declarations of common law.
The author expects individuals to subscribe to this by virtue of its sustainability and inclusiveness, as well as
the happiness and wealth that it gives to its subscribers.

1. individual: any rational being capable of entering into a
   valid contract.
2. aggression: acquiring or damaging another individual's property without a (explicit or implied) valid contract
3. coercion: the threat of aggression or aggression itself
4. signatory: signer of a contract
5. enforcing authority: the party specified in a contract that will resolve any conflict according to the punishments set out by the contract
6. (valid) contract: an agreement between two or more individuals by which property is exchanged with
1. consent of all signatories, including the enforcing authority
2. stipulation of plausible self interest of all signatories, including the enforcing authority
3. stipulation of the punishment of signatories for not honoring the contract
4. stipulates no coercion against any non-signatory
5. signed without coercion (the contract itself will generally specify aggressions against all signatories)
6. truthful representation of the identities of all participants and facts either expressed or implied by the contract
7. documentation of contract as required by the enforcing authority
8. documentation of identity and consent (insignia of all individuals involved in the contract including that of the enforcing authority) of the signatories as required by the enforcing
   authority
7. (valid) association: any collection of individuals that creates a binding document with
1. 100% consent of the members
2. does not prevent any of its members from leaving the group
3. restricts the contract to the property of individuals that agree to the contract
8. scarce resource: any resource that is not in unlimited supply or for whom ownership by one individual precludes ownership by another
9. authority: a third party that all parties governed by the contract agree to have enforce a contract
10. owner: one who is named in a contract as having control over a property
11. property: a scarce resource that was obtained by valid acquisition
12. arbitrator: an individual or association endowed by all participants in a contract with the power to
    resolve a dispute between themselves
13. just compensation: a value of property equal to the costs of damages (including prosecution costs) resulting from the aggression of others as determined by an arbitrator
14. retaliation: aggression resulting from aggression designed to deter future aggression
15. escalation: obtaining or destroying a value of property in excess of seized or damaged property
16. violence: violence is a subset of aggression in which harm is done to another's body
17. conflict: an incident in which any number of individuals accuse other individuals of initiating aggression
18. peace: a state where all conflicts have been resolved and valid, non-conflicting contracts bind all individuals to each other
19. enforcing the peace: All individuals have an interest in not letting an aggressor profit from deliberate aggression because he may become emboldened to aggress against others. All aggressive actions will be judged by their ability to reduce further aggression without the aggressor profiting, once the victims have been compensated as much as possible. (The society may decide to either kill or isolate a violent aggressor.)

Axioms

1. Freedom
1. All non-aggressive behavior by or between any individual or association of individuals is allowed unless restricted by valid contracts.
2. Justice
1. Aggression between any individuals or association of individuals is allowed
   only if
   
   
   
   1. specified by a valid contract or
   
   
   2. as necessary to defend property from aggression.
   
   
   
   
3. Property Rights
1. property restriction: Resources that are not scarce are owned equally by every individual.
2. acquisition: Individuals may acquire property only by
1. birth: An individual's existence entitles that individual to exclusive ownership of the individuals' body and actions.
2. first use: Property that is unowned becomes owned by a living individual that first physically acquires or makes use of it.
3. valid contract: Exchange of ownership of property may occur only via prior valid contracts.
4. inheritance: Property of the deceased is no longer owned by the deceased, but passes to those according to the will of the deceased (to do otherwise would infringe on the right of the giver) if an explicit will does not exist, an implicit will is assumed to exist that passes the value of one's property to one's descendants in equal proportions.
3. imminent threat axiom: Any individual may act immediately to deter an imminent threat to one's property without dispute resolution. The dispute resolution process will be initiated after the threat ceases to be imminent.
4. Property Owner Responsibility
1. responsibility: All individuals are personally responsible for any damage to the property of others that results from their property, bodies, and/or actions.
2. anti-establishment: No individual shall submit to an authority that the individual did not personally authorize by contract.
5. Dispute Resolution
1. conflict resolution: any conflict between signatories should first be resolved by
1. just compensation
2. contracting authority,
3. an arbitrator,
4. jury trial by arguing one's case before third parties interested in and capable of enforcing the peace
2. de-escalation: Should an individual initiate an act of aggression without a valid contract and the resolution have already passed beyond the contracting authority and arbitration stages, then any response to that aggression in excess of compensation shall be judged by the self-appointed enforcers of the peace by its serving to reduce the incentives for further aggression.
6. Associations
1. voluntary association: Associations may be formed by valid contract.
2. society: No association is allowed a right or privilege not granted to an individual.

Corollaries

1. non-aggression: exchange of ownership of property may occur only via prior valid contracts.
2. non-legislation
   of morality: It is unwise to impose one's belief systems on another
   because this will necessarily reduce the universality and acceptance of
   these axioms. Most beliefs that are commonly held result from genetic
   "morality" such as the prohibitions against incest, orgies
   (disease transmission), taking psychoactive drugs, and eating rotten or
   diseased food. The prevalence of such practices will necessarily be
   low without moral legislation; otherwise, such individuals will not be able
   to compete on the market. Libertarianism minimizes the amount of aggression
   by eliminating majoritarianism, i.e., the belief that any law goes as
   long as the majority of individuals approve of it. Majoritarianism frequently
   conflicts with all of the other principles and makes morality irrelevant
   because morality requires that you have the freedom to act in an
   immoral manner.
3. no-excuse: Religious beliefs or mental health do not excuse adherence to these axioms.
4. property ownership axiom: All individuals are owners of all of their legal
   property to the extent specified by the valid contracts by which
   their property was obtained.
5. compensation
   axiom: An individual may obtain just compensation from an
   aggressor with or without the consent of the aggressor
6. copy restriction: copies of an original are the property of the copier
7. information
   freedom: Information is not a scarce resource and therefore is
   owned by all that obtain the information. One may charge a fee for the collection, organization, or
   dissemination of information.
8. non-aggression: right to engage in any non-aggressive behavior (derived from freedom axiom)
9. identity ownership: All individuals are exclusive owners of their identities (persons), misrepresentation of identity in a contract voids the contract and damages may be assessed by the enforcing authority of the contract.
10. thought ownership: All individuals are exclusive owners of their thoughts (Follows from being owners of their brains and their actions (thought = action of the brain)
11. life ownership: All individuals are exclusive owners of their lives (Follows from being owners of their bodies and their actions (life = action of the body)
12. individual responsibility: Individuals are responsible for their actions (Action Ownership + Responsibility)
13. right to truth: the exchange axiom implies that any contract formed on false pretenses is invalid
14. no eminent domain: The compensated aggression axiom means that sellers must initiate sales. Eminent domain is forbidden. This also means that polluters can only pollute if allowed to by all of the victims.
15. right to defense: all individuals have a right to take any measures necessary to protect themselves
    either individually or collectively as long as they do not violate the rights of others in doing so.
16. generational choice: No generation shall create an authority over subsequent generations. The authority must be recognized by the individuals of the subsequent generation because of the value of recognizing their authority. An authority's jurisdiction is limited to the contracts that they authorize.
17. consensual association rights: associations of individuals may be endowed with all of the rights of individuals,
18. right to discrimination: any voluntary association may discriminate on any basis
19. associations will possess no rights that our not granted to individuals
20. Preemptive defense is forbidden.
21. Punitive damages shall not be awarded.
22. Right to agree to an arbitrator.
23. Third parties may require unique identification of its members.
24. All individuals are exclusive owners of their speech.
25. All individuals are exclusive owners of their actions.
26. Coercively limiting speech is aggression; however, an arbitrator may assess damages resulting from false speech.
27. Free speech is a corollary of free exchange between individuals.
28. right to know: supercedes any other right to nonaggression, no damages may be assessed. No liability should be attached to the expression of ideas.
29. Escalation of aggression is aggression. De-escalation is not aggression.

Involuntary Associations (Government)

Whether involuntary associations should exist is debatable, but if they do exist they possess additional restrictions as compared to voluntary associations:

1. Involuntary associations should discriminate only on the basis of
   performance and should have no barriers to entry, advancement, or exit.


2. Free mobility, all public employee positions must have open hiring and
   firing policies.


3. Forced association, public employees can choose coworkers only dependent
   on bureaucratic criteria.


4. All government operations must be transparent.


5. There must be checks on government power.


6. The branches of government must be independent.


7. No government officials shall receive respect not accorded to individuals.


8. No laws shall refer to specific groups.


9. All information collected by government must be made freely available.

The war in Iraq was a breach of contract given by the Congress to the president because the facts were misrepresented.

To whom does property of the deceased go when there is no estate or will? Property is divided among children, when they exist, or sold, and the profits divided equally among the next surviving generation.

In fact, there are no human rights that are separable from property rights. The human right of free speech is simply the property right to hire an assembly hall from the owners, or to own one oneself; the human right of a free press is the property right to buy materials and then print leaflets or books and to sell them to those who are willing to buy. There is no extra "right of free speech" or free press beyond the property rights we can enumerate in any given case. And furthermore, discovering and identifying the property rights involved will resolve any apparent conflicts of rights that may crop up.

The current Federal Government is not legitimate because its acquired powers have exceeded what was given to it in its charter (initiating contract). The institution should be dissolved.

We Are All Socialists Now

Prenazi Germans faced a lovely choice between Communists and Nazis. The communists were left socialists and the nazis were national socialists. It is exactly analogous to the current choices for the United States presidency:

democrats = left socialists
neocons = national socialists

In the end, whether the socialists nationalize the economy via environmental laws, "monopoly" busting, mandatory social insurance, and labor regulations or via restrictions on lawsuits (attacks of property rights), anti-terrorism licenses, morality laws, sub-market interest rates, and aggressive theocratic wars makes little difference to the wealth and freedom of Americans. It also makes little difference whether these programs are paid for by taxation, tariffs, or inflation. These socialists' programs result in distortions of the economy and more money flushed down the toilet of government bureaucracy. Furthermore, both parties want to reinstate the draft to maintain the debilitating American empire.

When I was a progressive, I viewed libertarians as selfish and unsympathetic to the plight of the poor and religious fundametalists as primitivistic, scientifically-illiterate, self righteous, authoritarian nut cases. (OK, so I was wrong about libertarians, and I have even met some reasonable fundamentalists.)

I have always feared the Christian Right forming a militant, messianic theocracy. (And, sure enough, it did happen with George W.) Studying the ethics of property and contract, libertarianism opened my eyes to the reality that those socialistic redistributionary schemes were both unethical theft and dangerous ways of empowering a centralized government, which is now the biggest threat to our freedom, security, and prosperity.

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