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<?xml-stylesheet type="text/xsl" href="http://mises.org/Community/utility/FeedStylesheets/rss.xsl" media="screen"?><rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:wfw="http://wellformedweb.org/CommentAPI/"><channel><title>Brainpolice : Consent, Social Contract</title><link>http://mises.org/Community/blogs/brainpolice/archive/tags/Consent/Social+Contract/default.aspx</link><description>Tags: Consent, Social Contract</description><dc:language>en</dc:language><generator>CommunityServer 2008.5 SP2 (Build: 40407.4157)</generator><item><title>Competition and Cooperation</title><link>http://mises.org/Community/blogs/brainpolice/archive/2008/11/19/competition-and-cooperation.aspx</link><pubDate>Wed, 19 Nov 2008 12:34:00 GMT</pubDate><guid isPermaLink="false">944abf2b-d1be-4bf2-990d-438cb0e377e9:65439</guid><dc:creator>Brainpolice</dc:creator><slash:comments>467</slash:comments><wfw:commentRss xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/rsscomments.aspx?PostID=65439</wfw:commentRss><wfw:comment xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/commentapi.aspx?PostID=65439</wfw:comment><comments>http://mises.org/Community/blogs/brainpolice/archive/2008/11/19/competition-and-cooperation.aspx#comments</comments><description>&lt;p&gt;In the economic sense of the term, competition refers to the incentive to better appease a multiplicity of demands, and cooperation refers to the most efficient and ethical means of meeting such demands. An individual&amp;#39;s demands are better met through cooperation and production than through isolation and destruction. Competition does not refer to a war of all against all or atomism, it refers to a process in which decentralized cooperation is employed in the attempt to fulfill a dynamic and variant latticework of demands. Monopoly, on the other hand, refers to the lack of competition, the imposition of a singular or more limited array of options through coercive means. Competition and monopoly are therefore dichotomous in this sense, as competition entails a multiplicity of options pursued freely. Competition is a reflection of there being multiple methods of cooperation and multiple ends that cooperation can be used to pursue, and as such there is no absolute dichotomy between competition and cooperation.&lt;br /&gt;&lt;br /&gt;Individualism does not regaurd the individual as if they exist in a vacuum, it merely recognizes the individual&amp;#39;s sovereignty as co-existing with interpersonal relations, and that it is a fundamental building block of a society. It is erroneous to present a false dichotomy between uniformity and atomism, when neither of the two reflect the nature of an individual let alone a society. Society qua society is founded on voluntary cooperation, but this does not conflict with individual sovereignty. Voluntary cooperation is merely the net effect of people making use of their individual sovereignty, and competition is merely a reflection of the diversity of wants that people pursue as sovereigns. While interpersonal relations are something to take into account, the individual still retains their independance from the transgressions of others in an equilibrium, which aknowledges the competitive element of society that is responsible for creativity and innovation.&lt;br /&gt;&lt;br /&gt;Cooperation and production is not an ethical imperative in and of itself, it is something that one has a greater incentive towards in conditions of equal liberty. However, one ultimately retains their sovereignty to not produce and not participate in a particular organization or interaction that they didn&amp;#39;t explicitly consent to. In a voluntary society, the methods in which one cooperates and the extent to which there is a binding obligation to cooperate can only be in a contractual context in which consent is explicitly given prior to the enforcement of the obligation. One does not have an unchosen positive obligation to be a member of a particular organization or to participate in its process of decision-making. The implication of this is not the negation of society as such, but the decentralization of society as a consequence of people entering and exiting from a wide array of contractual agreements.&lt;br /&gt;&lt;br /&gt;The coercive imposition of uniformity stifles cooperation. It disincentivizes and erodes at competitive alternatives that otherwise would have been fostered through cooperation, and it&amp;nbsp;violates the individual&amp;#39;s sovereignty. Coercion is anti-cooperative by its very nature, as it can only establish a parasitic relationship or a zero sum game, while cooperation is geared towards mutual benefit or reciprical relationships. Centralization and monopoly can only establish the elimination of individual choice in the process of cooperation, and therefore the elimination of competition. Competition is necessary to counteract thea rbitrary imposition of a particular set of preferences, otherwise there is no genuine cooperation to speak of, only subservience. Cooperation is not something that is centrally planned or coercively enforced, it is a process of spontaneous order. &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;&lt;img src="http://mises.org/Community/aggbug.aspx?PostID=65439" width="1" height="1"&gt;</description><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Coercive+Monopoly/default.aspx">Coercive Monopoly</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Competition/default.aspx">Competition</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Decentralization/default.aspx">Decentralization</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Centralization/default.aspx">Centralization</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Monopoly/default.aspx">Monopoly</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Checks+and+Balances/default.aspx">Checks and Balances</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Means+and+Ends/default.aspx">Means and Ends</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Social+Contract/default.aspx">Social Contract</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Consent/default.aspx">Consent</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Economics/default.aspx">Economics</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Free+Association/default.aspx">Free Association</category></item><item><title>The Myth of the Social Contract</title><link>http://mises.org/Community/blogs/brainpolice/archive/2007/12/17/the-myth-of-the-social-contract.aspx</link><pubDate>Mon, 17 Dec 2007 13:20:00 GMT</pubDate><guid isPermaLink="false">944abf2b-d1be-4bf2-990d-438cb0e377e9:6731</guid><dc:creator>Brainpolice</dc:creator><slash:comments>13</slash:comments><wfw:commentRss xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/rsscomments.aspx?PostID=6731</wfw:commentRss><wfw:comment xmlns:wfw="http://wellformedweb.org/CommentAPI/">http://mises.org/Community/blogs/brainpolice/commentapi.aspx?PostID=6731</wfw:comment><comments>http://mises.org/Community/blogs/brainpolice/archive/2007/12/17/the-myth-of-the-social-contract.aspx#comments</comments><description>&lt;p&gt;One of the most erroneous political ideas is the notion of the social contract. The idea is that the legitimacy of a government is based on a social contract between the people and the government. In America, the constitution is supposed to be our social contract. But since no such &amp;quot;social contract&amp;quot; has ever been an actual voluntary contract among &amp;quot;the people&amp;quot;, it cannot be said to have any genuine authority under any common sense standards of justice. None of us ever signed the document (and even when it was drafted, it was only signed by a tiny aristocracy of people). Rather, we are assumed to have implicitly &amp;quot;consented&amp;quot; to it merely for being born within the territory. This strikes me as incredibly unjust. A true contract requires explicit consent. However, the standard view of the social contract is that everyone implicitly agrees to it by simply living under a given government. &lt;/p&gt;
&lt;p&gt;The idea of a contract that I never signed that binds me to the authority of the state from birth, is akin to slavery from birth. I never signed no stinking contract. How is it that I am binded by this document for merely being born within the territory? How is it that I am obligated to serve a particular band of men for merely being born within the territory? How can a document be self-enforcing? It cannot, it must be created and enforced by flesh and blood individual men. How can the law rule all on its own? It cannot. The rule of law is a concept meant to, or that at least functions to even without such intent, disguise what is really the rule of men. The state can not be contractual. If such an institution truly is contractual, it ceases to be a state in any rational definition of the word. &lt;/p&gt;
&lt;p&gt;The Lockean view of sovereignty essentially boils down to the idea that as soon as the constitutional contract is broken by the government, it is no longer binding and the government therefore no longer has sovereignty. In fact, without realizing it, Locke throws a huge bone to anarchists, because no government in the history of mankind fits the criteria necessary for his social contract. He was indeed denounced by his detractors as being an anarchist, for they quite correctly realized that the implications of his theory of sovereignty would completely delegitimize all existing states. Under common sense standards of jurisprudence, and Lockean principles, the constitution literally is not a binding contract. Furthermore, even if we treat it as having once been binding, the government has long since reniged on its contractual obligations. Therefore, under the classical liberal theory of sovereignty, it (and the government that it spawned) has no legitimate authority.&lt;/p&gt;
&lt;p&gt;What about the idea that the constitution gives us our rights? It does no such thing. Rights are natural. You have them regaurdless of wether or not the law recognizes them. If the 2nd amendment was not in the bill of rights, you would still have a right of self-defense. It would not be legally recognized, but you will still have that right. This is the Lockean-style view of natural rights. You have them by virtue of being a human being. Constitutions do not give you your rights, they can only legally recognize them. Rights do not come from governments or laws, they come from human nature itself. All the government can do at best is abstain from violating your rights. In the Lockean view, governments and laws may be instituted in the name of securing these rights, but they are not where they derive from. &lt;br /&gt;&lt;br /&gt;Thomas Jefferson said it best: &amp;quot;A free people claim their rights as derived from the laws of nature, and not as the gift of their chief magistrate.&amp;quot; -- Thomas Jefferson&lt;/p&gt;
&lt;p&gt;From a practical standpoint, the constitution already has been shown to not work. It was defied almost from day one and the post-civil-war federal government, and especially the post WWI federal government, essentially has little to no resemblance to the document_ The constitution already has failed, so I don&amp;#39;t see the logic in trying the exact same thing again. Clearly, the document can either be interpreted in a manner that implies the opposite of its original intent or meaning, or outright defied anyways. The document was flawed in the first place (not to mention that it was expansive in comparison to the document that preceded it, namely the AOC). &lt;/p&gt;
&lt;p&gt;What about the content of the constitution? While it has been argued ad nauseum that it&amp;#39;s &amp;quot;original intent&amp;quot; (or, to take a somewhat more strong stance, the &amp;quot;original meaning&amp;quot; of the words in themselves) was to limit the government&amp;#39;s powers, the document itself contains plenty of &amp;quot;loopholes&amp;quot; and vague language that can easily be construed (and have been so construed) to grant expansive powers not intended or apparent within the plain language. The &amp;quot;general welfare&amp;quot; clausecomes to mind most of all. It has been used to justify practically anything the government does, for &amp;quot;general welfare&amp;quot; is a loaded, subjective and arbitrary term. Who&amp;#39;s welfare, and what exactly is welfare? Who will define this for us? &amp;quot;The supreme court&amp;quot;, you answer? What kind of limit on government is this, that it may define its own powers arbitrarily and at whim? &lt;/p&gt;
&lt;p&gt;Not only&amp;nbsp;can the constitution not work and has been empirically shown to not have worked, but it cannot be ethically justified to begin with. &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;&lt;img src="http://mises.org/Community/aggbug.aspx?PostID=6731" width="1" height="1"&gt;</description><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Anarchism/default.aspx">Anarchism</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Sovereignty/default.aspx">Sovereignty</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Constitution/default.aspx">Constitution</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Thomas+Jefferson/default.aspx">Thomas Jefferson</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/John+Locke/default.aspx">John Locke</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Social+Contract/default.aspx">Social Contract</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Consent/default.aspx">Consent</category><category domain="http://mises.org/Community/blogs/brainpolice/archive/tags/Natural+Rights/default.aspx">Natural Rights</category></item></channel></rss>