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by Nirvash Type TheEND » Thu Sep 24, 2015 5:27 pm

by Trotskylvania » Thu Sep 24, 2015 5:27 pm
Infected Mushroom wrote:Trotskylvania wrote:The social contract is prior to contract law.
Without the social contract, there is no state, no social system, no law, and no contracts. There is only the Hobbesian war of all against all, and the only agreements among men are pacts among wolves.
the law of contracts (even if you are just looking at Western contract law in the common law tradition) predates the conceptualisation of the so-called social contract, hence why the social contract is a misappropriation
Your Friendly Neighborhood Ultra - The Left Wing of the Impossible
Putting the '-sadism' in PosadismKarl Marx, Wage Labour and Capital
Anton Pannekoek, World Revolution and Communist Tactics
Amadeo Bordiga, Dialogue With Stalin
Nikolai Bukharin, The ABC of Communism
Gilles Dauvé, When Insurrections Die"The hell of capitalism is the firm, not the fact that the firm has a boss."- Bordiga

by Infected Mushroom » Thu Sep 24, 2015 5:28 pm

by Trotskylvania » Thu Sep 24, 2015 5:30 pm
Infected Mushroom wrote:Sociobiology wrote:sure you did, as soon as you reached the age of legal self direction, you chose to remain in the same country you had been living in, thus agreeing to the contract your parents had you living under which every citizen is under. Your parents signed you up, you chose to keep using the service after the point you could legally opt put.
Your still free to leave at any time.
It is a unique problem caused by you being born into it, but there is plenty of president, if you stay in a hotel room beyond the initial agreed upon time you either pay with all the implied contracts or you get thrown out, (you don't even get to pick which). In the case of citizenship your presence beyond the agreed upon time is agreement with the contract, heck they even provide you with schooling so you can better understand the contract of citizenship.
You cannot ''sign someone up'' as a party to a contract.
Your Friendly Neighborhood Ultra - The Left Wing of the Impossible
Putting the '-sadism' in PosadismKarl Marx, Wage Labour and Capital
Anton Pannekoek, World Revolution and Communist Tactics
Amadeo Bordiga, Dialogue With Stalin
Nikolai Bukharin, The ABC of Communism
Gilles Dauvé, When Insurrections Die"The hell of capitalism is the firm, not the fact that the firm has a boss."- Bordiga

by Ifreann » Thu Sep 24, 2015 5:30 pm
Infected Mushroom wrote:Ifreann wrote:I never consented to have the government enforce contract law on me. I never voluntarily agreed to be bound by contract law. Yet the government would employ overwhelming, irresistible force against me if I did not abide by these laws.
you enter into contracts because you want them to be enforceable by the law, otherwise the contracts have no practical force, it would just be an agreement

by Infected Mushroom » Thu Sep 24, 2015 5:30 pm
Trotskylvania wrote:Infected Mushroom wrote:
the law of contracts (even if you are just looking at Western contract law in the common law tradition) predates the conceptualisation of the so-called social contract, hence why the social contract is a misappropriation
Social contract theorists such as Hobbes did not invent the social contract. They described a natural social phenomenon that exists in all civilizations. Many would further apply ethics to the study to find a just social contract. Nothing was misappropriated; contracts are an agreement among persons, or in the case of the social contract, a people, describing rights and duties. Legal contracts are a subset of that idea.
So unless you want life to be nasty, brutish and short, you're stuck with the social contract. Obey the fucking rules.

by Infected Mushroom » Thu Sep 24, 2015 5:32 pm
Ifreann wrote:Infected Mushroom wrote:
you enter into contracts because you want them to be enforceable by the law, otherwise the contracts have no practical force, it would just be an agreement
But contracts are just agreements. Then the government, without meeting with any of the parties to those agreements, decided what it will enforce and how and what it won't and built a system of bureaucracy around the whole thing.

by Alvecia » Thu Sep 24, 2015 5:33 pm
Infected Mushroom wrote:Alvecia wrote:
Not necessarily. Could be entirely an admin issue.
contract law exists exclusively for the benefit of the parties, to give legal effect/enforcement to an agreement
its entirely consent based
if both sides don't want the contract to continue, neither side would sue the other side and the government would simply not be involved. The government only gets involved in contract law when one party has a grievance against another or one party needs to facilitate something in a contract to give it more legal protection. Its never forced on innocent parties.

by Sociobiology » Thu Sep 24, 2015 5:35 pm
BK117B2 wrote:Maqo wrote:Most land is 'privately owned'* where the asterix is ,'but it really belongs to the government and they can take its from you or demand whatever they want from you'.
Wrong. It does not belong to the government. That someone else CAN do something does not magically mean that you have agreed to it. I CAN sexually assault you...that definitely doesn't mean you have consented. You CAN burn down my house...I definitely am not consenting to that. I CAN break into your residence and take things...and I'm heavily doubting you would approve.

by Infected Mushroom » Thu Sep 24, 2015 5:35 pm
Alvecia wrote:Infected Mushroom wrote:
contract law exists exclusively for the benefit of the parties, to give legal effect/enforcement to an agreement
its entirely consent based
if both sides don't want the contract to continue, neither side would sue the other side and the government would simply not be involved. The government only gets involved in contract law when one party has a grievance against another or one party needs to facilitate something in a contract to give it more legal protection. Its never forced on innocent parties.
Out of curiosity, what would you accept as an alternative to the current system we have now?

by Ifreann » Thu Sep 24, 2015 5:37 pm
Infected Mushroom wrote:Ifreann wrote:But contracts are just agreements. Then the government, without meeting with any of the parties to those agreements, decided what it will enforce and how and what it won't and built a system of bureaucracy around the whole thing.
Agreements are worthless if they do not have an element of enforceability (especially in the commercial context between parties that don't entirely trust each other)

by Infected Mushroom » Thu Sep 24, 2015 5:38 pm
Ifreann wrote:Infected Mushroom wrote:
Agreements are worthless if they do not have an element of enforceability (especially in the commercial context between parties that don't entirely trust each other)
If people want a third party to enforce their contracts then they will seek one out and make suitable arrangements with them. Voluntarily. Isn't that what you say is more moral? Nothing imposed on people by men with guns, just what they freely consented to themselves.

by Alvecia » Thu Sep 24, 2015 5:38 pm

by Islamic Republic e Jariri » Thu Sep 24, 2015 5:38 pm

by Infected Mushroom » Thu Sep 24, 2015 5:39 pm
Alvecia wrote:Infected Mushroom wrote:
a system without taxation based on voluntary donations, for-profit state enterprises, and cooperation between the state and private entities...
That assumes quite an ideological view of peoples willingness to donate and private entities willingness to not put profit first.

by Trotskylvania » Thu Sep 24, 2015 5:40 pm
Infected Mushroom wrote:Trotskylvania wrote:Social contract theorists such as Hobbes did not invent the social contract. They described a natural social phenomenon that exists in all civilizations. Many would further apply ethics to the study to find a just social contract. Nothing was misappropriated; contracts are an agreement among persons, or in the case of the social contract, a people, describing rights and duties. Legal contracts are a subset of that idea.
So unless you want life to be nasty, brutish and short, you're stuck with the social contract. Obey the fucking rules.
There is a distinction between a contract (which is fundamentally a legal principle) and an agreement. A contract is a subset of an agreement (if an agreement is legally enforceable, its a contract... if not, then its just an agreement)
Any attempt to take the words contract to describe an agreement in general and without respect to the essential elements of a properly constituted contract (offer, acceptance, terms etc) is a misappropriation. Hobbes and Locke claimed to be wise men, but in fact their understanding of contract law was very poor. It makes sense since they weren't judges.
Your Friendly Neighborhood Ultra - The Left Wing of the Impossible
Putting the '-sadism' in PosadismKarl Marx, Wage Labour and Capital
Anton Pannekoek, World Revolution and Communist Tactics
Amadeo Bordiga, Dialogue With Stalin
Nikolai Bukharin, The ABC of Communism
Gilles Dauvé, When Insurrections Die"The hell of capitalism is the firm, not the fact that the firm has a boss."- Bordiga

by Sociobiology » Thu Sep 24, 2015 5:41 pm
Infected Mushroom wrote:Rhyfelnydd wrote:Fine, if you want to call it theft and not pay, just don't use any public services including roads, hospitals, emergency responders, public schools, etc.
The government itself doesn't even claim to say that paying your taxes is a pre-condition for most of those services; as such, even the state isn't in the business of pretending this is a voluntary contract.
Think about it, if someone were late in paying his taxes... does the police suddenly stop protecting him? Are not the police still obligated to answer his 911 calls?
There is no corresponding obligation between enjoying the services that the state chose to promise to give you (on its own accord) and your payment of taxes. They aren't even corresponding obligations.

by Apollinis » Thu Sep 24, 2015 5:41 pm
Trotskylvania wrote:Infected Mushroom wrote:
There is a distinction between a contract (which is fundamentally a legal principle) and an agreement. A contract is a subset of an agreement (if an agreement is legally enforceable, its a contract... if not, then its just an agreement)
Any attempt to take the words contract to describe an agreement in general and without respect to the essential elements of a properly constituted contract (offer, acceptance, terms etc) is a misappropriation. Hobbes and Locke claimed to be wise men, but in fact their understanding of contract law was very poor. It makes sense since they weren't judges.
False. Contract always has had a broader meaning than legal contracts. It comes from a Latin word meaning "to bring together,", in its original sense it broadly referred to any sort of bargain.
Which is why the only people who ever make the argument you're making are philosophically illiterate pedants such as yourself. NO ONE contemporaneous to Hobbes or Locke made any such objection to the use of the term contract in the same sense as social contract. It is after all, the people coming together and establishing a state and rule of law.
You're four hundred years too late buddy. You don't get to anachronistically complain about neologisms in philosophy anymore than in literature. Or are you going to criticize Shakespeare for coining a word like "eventful" because what it describes is not literally full of events?

by Galloism » Thu Sep 24, 2015 5:42 pm
BK117B2 wrote:Galloism wrote:
Stealing is defined as:
Since they have the legal right to exact taxation, it's not stealing. Since it's not stealing, it's not theft.
"to take (the property of another or others) without permission or right, especially secretly or by force:"
"to take the property of another wrongfully and especially as a habitual or regular practice"
"to take (something that you are not supposed to have) without asking for permission"
"to take (something that does not belong to you) in a way that is wrong or illegal"
"to take or appropriate without right or leave and with intent to keep or make use of wrongfully "
" to take surreptitiously or without permission"
"To take (the property of another) without right or permission"
Thanks to Merriam-Webster, TheFreeDictionary, and Dictionary.com for those enlightening entries.
a claim recognized and delimited by law for the purpose of securing it
b : the interest in a claim which is recognized by and protected by sanctions of law imposed by a state, which enables one to possess property or to engage in some transaction or course of conduct or to compel some other person to so engage or to refrain from some course of conduct under certain circumstances, and for the infringement of which claim the state provides a remedy in its courts of justice
having no legal right; unlawful:
The court ruled it was a wrongful diversion of trust income.
So.....taking without permission.....that sure looks like a definition of stealing! Turns out, by definition, it IS stealing.....and thus theft.
Galloism wrote:
I didn't say you did, but it HAS lied abandoned at some point in the past while the government was in existence exerting these claims on behalf of the people. If the government existed at any point while the property was abandoned, and the government never explicitly repudiated those claims, the government still exercises them on behalf of the people it serves.
Has your land been continuously occupied for the entire time a government has exercised such authority over it plus some period before?
Prove it.
Don't need to prove it as it isn't relevant. The landowner (in this case me, not the government acting as a proxy for a group of people) has the right to set rent. Without a contract reserving that condition, you lose it when you sell off the property.
Galloism wrote:
If this applies equally to the government as it does to you, then the only way, under your logic, for your claim that the government has no right is that the property has been continuously owned by people since before the government exerted such rights.
Since the government has continuously exercised those rights even though it has changed owners many many times, it never ceased operating the land as rights holder.
No, it hasn't. The government gave away or sold the land. It is no longer the landowner.
Galloism wrote:
You don't seem to have a firm grasp of property rights or the transfer of those rights. I'm using YOUR logic to show why the government has every right to claim the property as its own. The fact that you can't see that is boggling to me.
No, you're using your 'logic' and falsely presenting it as mine.
Galloism wrote:
But their heirs do.
Wrong. When someone sells or gives away a property, their heirs don't get it.
Galloism wrote:Land rights only cease if they are given up or seized. Unless you can show that those rights have been either given up or seized, then they have not. A good example is mineral rights, which are tied to the land.
If you sell me your mineral rights for a sum, I own those rights.
Even if you sell the land to a third party, who has never met me nor knows I hold the mineral rights, I STILL hold the mineral rights. Those rights are attached to the land. I hold those rights even though he doesn't know I hold those rights. It may not say anywhere in the contract I still hold those rights, but those rights are mine. I own them, and I never surrendered them.
You hold the mineral rights so long as the contract of sale states that you do. If it does not, then you do not.

by Alvecia » Thu Sep 24, 2015 5:42 pm

by Infected Mushroom » Thu Sep 24, 2015 5:44 pm
Sociobiology wrote:Infected Mushroom wrote:
The government itself doesn't even claim to say that paying your taxes is a pre-condition for most of those services; as such, even the state isn't in the business of pretending this is a voluntary contract.
Think about it, if someone were late in paying his taxes... does the police suddenly stop protecting him? Are not the police still obligated to answer his 911 calls?
There is no corresponding obligation between enjoying the services that the state chose to promise to give you (on its own accord) and your payment of taxes. They aren't even corresponding obligations.
sure there is it is just like a hotel, park, or convention, on these premises you get X, Y, and Z services.
as long as you are on these premises you must pay.
packages services are everywhere.

by Galloism » Thu Sep 24, 2015 5:46 pm
Infected Mushroom wrote:Does the state get you for breach of contract when you call the police but are late in filing taxes? No. Does the state get you for breach of contract if you continue to use the internet (supposedly paid by taxes in some places) if you are late or don't pay taxes? No.

by Sociobiology » Thu Sep 24, 2015 5:46 pm

by Infected Mushroom » Thu Sep 24, 2015 5:47 pm
Alvecia wrote:Infected Mushroom wrote:
they can put profit first but it will for the most part facilitate free market efficiency
It doesn't seem like a very stable system. At the first sign of a declining market, I would assume that donations will slow and private entities will look towards their own survival, leaving the government at a loss for funds.

by Galloism » Thu Sep 24, 2015 5:47 pm
Sociobiology wrote:Infected Mushroom wrote:
a system without taxation based on voluntary donations, for-profit state enterprises, and cooperation between the state and private entities...
have been tried and always fail because people never pay enough for the services they demand. Its also incredibly unfair because you end up with a lot of freeloaders, freeloaders who could easily afford to pay, mind. which creates a downward spiral of people refusing to pay, (why should I pay for them!)
until the system collapses.
for profit are great at many thing, just not monopolies and certain things trend strongly toward monopolies by there very nature, so we have states run those.
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