The chief justice of the supreme court of india was quoted very prominently in the ToI the other day – saying what I had referred to in my previous post – that he admires all the brave protestors and even wishes he could join them.
NOTE: The protestors are all CRYING out for JUSTICE!
And he is the nation-state’s TOP bureaucRAT-judge – designated CHIEF JUSTICE!
Quite OBVIOUSLY, something is TERRIBLY WRONG with The System – and if HE is IGNORANT as to how HE can bring about Justice-for-All – which is what his “constitutional authority” is SUPPOSEDLY all about – then, he ought to RESIGN – and “follow-his-heart” by joining the protestors sans wig-and-gown – instead of MOUTHING EMPTY PLATITUDES.
Now, there are other NOISES emanating from this “constitutional court” – this supreme court of india – which ALSO reveal DEEP-ERRORS-in-THOUGHT – and such deep-errors-in-thought can only have the very same Root Cause – that is, IGNORANCE – for example:
First: The chief justice is quoted elsewhere today saying that streetkids can turn into criminals – unless “something is done” – by which he SURELY means New Legislation establishing a New Department, or even Ministry, requiring a New Budget, and all that.
Because, to this cji, this “something” has to be “done” by some other entity than the streetkids themselves – who must be encouraged to either “help themselves” or expect “help from without” – and, the very first paragraph of Samuel Smiles’ classic instructs readers that, while self-help “strengthens” its practitioner, “help from without is enfeebling in its effects.”
As students of Economic History ought to know, it was this Victorian moralists’ bestseller that, in translation, FIRED the JAPANESE in their “catch-up with the Advanced West” after the Meiji Restoration of the 1860s.” And the Japanese DID catch-up – but WITHOUT any FOREIGN AID!
What applies to nations and peoples – it BEGINS with Individuals in those nations and peoples.
And it was nothing but Individual Self-Help – each-and-every Japanese Individual FIRED by the IDEA that ANYONE could – by PERSEVERANCE and HARD WORK – reach the very Dizzying Heights of whatever field of Personal Endeavour he had chosen for himself – that made the Entire Nation OVERTAKE the West in a very short time.
The Lesson: COLLECTIVES are FICTION – and Only Individuals Think, and then – Act!
Second: The supreme court – supposedly a “constitutional court” meant ONLY for the JUDICIAL REVIEW of LEGISLATIONS and for NOTHING ELSE! – has “questioned” the recent “administrative clearance” given to FDI in retailing, its bureaucRAT-judge seeking JUSTICE for the “small trader.”
Now, let US – all the wee the fucked-up poorest-of-the-poorest sheeple on The Planet now CRYING out for JUSTICE – “understand” some VERY BASIC TRUTHS about the “nature” of JUSTICE:
First-and-foremost: If streetkids are not to turn into criminals – and also not turn into tax-parasites – then, it follows that they must be “self-supporting” – which means they must seek “the economic means of survival” - which means:
The Production & Exchange of Goods & Services in The Market.
It follows that The Economic Means Of Survival Is JUST – because ONLY then are streetkids “law-abiding” – that is, they are NOT CRIMINALS.
But is LAW the same as LEGISLATION? And that is a question this post will FOCUS on as well.
For now, having “understood” that if streetkids are NOT to engage in UNJUST acts then they MUST be ACTIVELY ENCOURAGED to be “self-supporting” – and to seek out “the economic means of survival” through The Production & Exchange of Goods & Services in The Market – which is verily the proverbial “straight and narrow path.”
It follows that if The Vast Majority are left PERFECTLY FREE to engage in any-and-every form of “consensual trade” then JUSTICE WILL PREVAIL – and the “judiciary” will only have to handle those OCCASIONAL acts of INJUSTICE that come before them – which they can then accomplish SPEEDILY – UNLIKE TODAY – with the Absolute Denial Of Justice by ENDLESS DELAYS – whereupon such protests will NEVER RECUR.
Let US also NOTE that – if LAW is NOT CONFUSED with “democratic legislation” – then an UNJUST ACT by any Individual is one that is UNJUST to another, or many other, INDIVIDUALS.
Thus, farmers of ganja – who then sell their “cash crop” to traders – and these traders then sell ganja to final CONSUMERS – who SMOKE it – inhaling fumes within their OWN LUNGS – and blowing their OWN MINDS – well, it is absolutely clear that NONE have committed acts of injustice upon anyone else – except, or so it seems, ALL these LEGISLATORS!
This needs to be NOTED because they have very recently also BANNED the smoking of tobacco in PRIVATE PROPERTIES such as bars and restaurants.
In MY LEGAL OPINION, legislators worldwide are PERFECTLY FREE to ban smoking INSIDE their own legislative chambers – exactly as gandhians are At Liberty to prohibit alcohol within their very own sobermati ashram – but NEITHER possess any “RIGHTS” whatsoever to “VIOLATE” any “PRIVATE PROPERTY” such as a bar or restaurant – and, since ALL PROPRIETORS of all such private properties where the PUBLIC flock do put up signs saying “Rights of Admission Reserved” – this very sign – of “traditional vintage” – EMPHATICALLY PROVES that the “discretionary power” of not just entry, but EVERYTHING that will be PERMITTED within all such premises – vests solely with the Private Proprietors who have affixed their signatures upon these signboards – hence:
Any OUTSIDE INTERVENTION is a VIOLATION of A Sacred Private Property Right Under The Law.
Which is why COPS require “warrants” to even “search” – forget about “arrest”! Further, the power to issue such warrants is NOT vested with the cops – but with a “separate branch” of the local, civil government – the magistracy – and all this is derived from “Olde English Law” – thank heavens for that!
In other words:
LIBERTY – which is FREE ENTERPRISE – and THE PRINCIPLE OF THE INVIOLABILITY OF PRIVATE PROPERTY – go together.
Having clarified a few basic issues on Law, Legislation, Liberty, and Property – let US return to STREETKIDS – about whom we have already established that they MUST be ACTIVELY ENCOURAGED to seek survival by sticking to the “straight and narrow path” – by the “means” of consensual trades – or the Production & Exchange of Goods & Services in The Market- which also means that they shall NEVER EVER commit Acts of Injustice by INITIATING Force & Violence upon anyone else.
But, do NOTE – to REPULSE Acts of Force & Violence INITIATED upon any Individual by others is a very different matter – and the Only Lawful Response to any-and-every such Act of Force & Violence INITIATED by other Individuals upon anyone is to Exercise the Natural Liberty of PRIVATE DEFENCE – on which I shall elaborate further, below.
Now, if all consensual trades are left perfectly free, and all streetkids get-into-business, then it surely cannot be termed an Act of Injustice if businesses – OF ANY SIZE – become BANKRUPT because of FREE COMPETITION from others in the same business.
Free & Fair COMPETITION – is NOT a CRIME – is most certainly NOT INJUSTICE.
Well, when exchanges are “consensual” – which means not only JUSTICE – but also the ABSENCE of its very opposite, which is FORCE – BOTH SIDES to these exchanges must agree ex ante – thereby implying THE SOVEREIGNTY OF THE CONSUMER.
Quite OBVIOUSLY, streetkids with ZERO CAPITAL will start teeny-weeny “enterprises” – and if CONSUMERS prefer Big Shops to whatever ALL these “chhokra boys” are PEDDLING-on-the-FOOTPATHS – not that there are any footpaths! – then, will the SUPREME COURT INTERVENE?
Other than that – if at all this is “constitutional issue” – which it is most certainly NOT – why don’t they ORDER the rapid construction of WIDE FOOTPATHS!
Thus, the REAL CONSTITUTIONAL ISSUE is nothing but LIBERTY!
NOTE: ProtectionISM is a “corrupt political practice” that employs INDIRECT FORCE – whereby the GUNS of the Customs Department keep out FOREIGN COMPETITION – to the BENEFIT of Domestic Cronies & their Political Partners – while causing ENORMOUS LOSSES to ALL Domestic Consumers – and this is particularly true in the case of ALL goods & services meant for MASS CONSUMPTION – bidis and “country liquor” HOOCH being the BEST EXAMPLES.
Thus, THE SOVEREIGNTY OF THE CONSUMER in The Market DEMANDS that The State CANNOT INTERVENE in “consumer choice” in The Market – for, only then can The Market remain Free & Competitive INTERNATIONALLY.
This, then, is a PRINCIPLE – a Principle of The Free & Competitive INTERNATIONAISED Market – a Principle of the JUST – a Principle of ALL who pursue the Economic Means of seeking Survival – who stick to the “straight and narrow path” – who abstain from the use of FORCE, both direct as well as indirect – and “ALL” means ALL SIZES – from shoeshiner chhokra boys to megasupermarkets.
Remember: Justice is an Attribute of Individual Conduct.
Quite frankly, I DETEST these chhokra boys & girls who PESTER passers-by – especially foreigners – and it has been My Very Old Practice to TEACH any foreigner I happen to take along to, say, Delhi’s very popular Janpath shopping street – this ESSENTIAL Hindi phrase – essential for their very SURVIVAL from such PESTERING by SREETKIDS-engaged-in-STREET-ENTERPRISE:
Nahi Chahiyay – or,
“I do NOT want it!” –
THE SOVEREIGNTY OF THE CONSUMER.
To PESTER – is ALSO FORCE!
And it is BAD for the TOURISM INDUSTRY – The Biggest Industry on the Planet!
So, let US now FOCUS on why JUSTICE-for-ALL demands EQUAL TREATMENT for BIG and SMALL ALIKE – that is, IRRESPECTIVE of how BIG or how RICH or how POWERFUL you may be – there MUST prevail EQUALITY-before-the-LAW – and YOU only have to LOOK at how JUSTICE has ALWAYS been represented as a BLINDFOLDED lady holding aloft the SCALES upon which all the EVIDENCE from BOTH SIDES to any legal dispute are weighed to “understand” this TRUTH about the “nature” of the ADMINISTRATION of JUSTICE.
Therefore, what is of SUPREME IMPORTANCE are the PRINCIPLES according to which JUSTICE will be “administered” – and do also NOTE that this term – “The Administration of Justice” – is entirely different from what legislators call “The Making of Law” – for, in TRUTH – LAW has NEVER EVER been MADE – and LAW has ALWAYS been FOUND – in PRINCIPLES that the Just are already following in their Just Individual Conduct.
Further, The Law is also FOUND in past decisions of courts in similar cases – stare decisis – and this has also, ALWAYS, included Ancient Customs & Traditions – as, for example, the very TRADITIONAL smoking of ganja-charas in India – or the eating of opium – neither of which even the British, legislatively-hyperactive, crown-in-parliament-RAJ declared CRIMINAL.
NOTE #1: Any-and-every CODE of LAW – from Hammurabi’s to Justinian’s to Napoleon’s to even the Indian Penal Code (!863) has been a COMPILATION of PAST DECISIONS as well as judicial and legal pronouncements – just as the Proverbs of Solomon are also a COMPILATION of WISDOM from the ages past.
Further, the Codes of Law of Olde are, in the main, legal pronouncements and maxims attributed to “Private Scholars of The Law” – there being no “legal profession” then.
NOTE #2: The DATES of the Indian Police Act (1861) and the Indian Penal Code (1863) – BOTH bear EVIDENCE to the stark FACT that the Honourable East India Company did NOT employ these “means” – and provided JUSTICE-WITHOUT-LEGISLATION – thereby indicating that LAW is something DIFFERENT from all these COERCIVE ACTS “enacted-by-passing-majorities” in this-or-that “democratic, elected, representative assembly.”
It was that numbskull rousseau who ELEVATED the legislator to a position ABOVE MANKIND – for, to this numbskull rousseau, “The Role Of The Legislator is to REMAKE MAN” – and this MADNESS finally infected England when the Labour Party first came into being, and then, into POWER – what with their Trades Disputes Act of 1906 being described by an eminent Law Lord then as “violent surgery on the body politic” – after which legislationISM became their Newest Constitution – that is, after crown-in-parliament was verily their New Constitution in 1688 – and, with Labour-on-Top, it became crown-in-commons actually, since they EMASCULATED the House of Lords in 1911 – by LEGISLATION!
As for their POST-CROMEWELLIAN NEW CONSTITUTION of crown-in-parliament of 1688 – the Bank of England’s MONOPOLY over “note issue” was LEGISLATED in 1690!
In Stark Contrast: The “genius” of the Anglo-Saxons of yore – in FORCING their SOVEREIGN to sign-on-the-dotted-line their First Statute of the Realm in 1215AD – this ESTABLISHMENT or CONSTITUTION that they “stumbled upon” most fortuitously – consisted in placing their RULERS UNDER LAW – and also in LIMITING TAXATION to all that is agreed upon by COMMON CONSENT – thereby PROTECTING their LIVES, their LIBERTIES, and their PROPERTIES from ANY possibility of TYRANNY or ARBITRARINESS on the part of their RULERS – which is what is known as THE RULE OF LAW – and is the Very Opposite of The Rule of Arbitrary Will – hence, for centuries and centuries thereafter, their kings were POOR, and the PEOPLE were not only FREE – but also INDUSTRIOUS – accumulating CAPITAL all-the-time – until theirs was universally known as JOHN BULL CAPITALISM – and it was MERCHANT SHIPS that established the British Empire – such as The Tall Ships of the Honourable East India Company that sailed all around the African Peninsula to our shores carrying GOLD as cargo to exchange for SPICES – which the Honourable Company would DIRECTLY IMPORT and then, of course, SELL in the Domestic Market for Very High Profits – as they had succeeded in by-passing ALL the MIDDLEMEN on the LAND ROUTE via Persia and Arabia.
Indeed, even BEFORE 1215AD, the Merchants of the Walled, Ancient City of London could ASTOUND their NORMAN CONQUEROR with their WEALTH.
Today, after just a century of this JANE BULLCRAP SOCIALISM – their SHEEPLE are ALL on the fuckin’ DOLE – and their RULERS are RICH-BEYOND-BELIEF!
And as for the City of London – it has LONG CEASED to be the World’s Financial Hub – the recent LIBOR scandal surely the proverbial “last nail in the coffin” – and do read my post on the shitty of london’s foremost BANKSTER of today, sir evelyn rothschild, who employs the “names” of only keynes and marx in “intellectual conversation” with The Free Press – and no one else!
The ROOT CAUSE of this Decline-and-Fall of the Olde City of London is – what else? – but that singular piece of LEGISLATION of 1690 granting a monopoly over the issue of currency notes to this Bank of England – and, as for its POLITICAL PURPOSE, that is IRRELEVANT to any discussions on the Principles of Law & Justice.
What is The Rule of Arbitrary Wills? – but LEGISLATIONism!
This was ALL there ever was to “parliamentary representation” – before this New Constitution of “parliamentary sovereignty” of 1688 – and it has been a slow-and-gradual “decline & fall” ever since – only because The Principles of The Law were ABANDONED – which means The Rule of Law was abandoned – and both Property as well as Contract have, since then, continued to be increasingly VIOLATED – with Legislation masquerading as The Law.
Without LIBERTY, without PROPERTY – which means: WITHOUT JUSTICE! – will not any PEOPLE become sheeple-on-the-fuckin’-dole?
The Honourable East India Company’s Royal Charter is dated 1605 (or thereabouts) – long before Cromwell, in fact, and their Tall Merchant Ships carrying cargoes of GOLD to exchange not only for the black pepper of the Malabar – but, more importantly for those wealthy merchants sitting in London who had commissioned those voyages and who OWNED The Tall Ships as well as all that GOLD – which is CAPITAL – as in John Bull Capitalism – for NUTMEG from an uncharted tiny island lost somewhere in the Indonesian Archipelago, which is The Spice for which The Biggest Profits were to be made – well, from there to Clive’s famous Battle of Plassey (1756) is a History of well over a century during which Fort St. George came up in Madrasapatnam on “purchased land” – and Job Charnock had had also established Fort William in Calcutta on another piece of “purchased land” – thereby showing that even the Honourable Company’s HISTORY in India needs to be studied and “understood” in these different “phases” – but if we look at the “factionalism” in London around 1690, we most certainly find many goldsmith-bankers OPPOSED to the Bank of England – but, then – these Good Guys LOST – which is WHY their John Bull Capitalism slowly-but-surely went first into Decline – and then, became Jane Bullcrap Socialism – and today, we are witness to what ought to be called The Fall of Western Capitalism.
HONESTY is The Best Policy – or,
Cheats Never Prosper – or:
WITHOUT JUSTICE NO SOCIETY CAN SUCCEED.
Whatever happened to History – in England? I’ll tell you:
EVIDENCE: The collection of essays by EMINENT HISTORIANS titled Capitalism and the Historians would never have been compiled – by hayek – for its very necessity was the FALSE HISTORY on British Capitalism being pushed into all State Schools by their Labour Party “ideologues.”
Recommended reading: Frederic Bastiat’s The Law (1850) – which, among its many other VITAL TEACHINGS, also teaches why rousseau was EVIL.
Other than that, as this blog has often pointed out, including just the other day, The Philosophers of the Scottish Enlightenment had, aeons before rousseau, completely DEMOLISHED the Legislator Myth.
Thus, legislationISM if UNLAW – and JUSTICE must be “administered” according to Fixed and Unchangeable PRINCIPLES, and ALL are necessarily EQUAL within any courtroom where Justice is administered.
JUDICIAL BIAS – is nothing but INJUSTICE.
As for what SOCIALISTS call “SOCIAL JUSTICE” – it is THEFT! And I will explain why – later in this post.
Thus, to assert that CONSUMERS are NOT to be SOVEREIGN when they spend their Own Money – which is Private Property – that principles do not apply, and – what is absolutely the WORST – to “justify” ARBITRARINESS on the part of “public authority” – is not only INJUSTICE – it is also a clear demonstration of the FACT that this supreme court of india is NOT inquiring into “constitutional matters” – and is not only a “court of appeal” – but also yet another INTERVENTIONIST POWER – among SO MANY that we already have – in this complete-and-total MESS of a System with Multiple & Rapidly Multiplying Unaccountable & Unelected LEGISLATED Authorities – so, THEY are perfectly happy to legislate-into-existence a New Lok Pal while PRETENDING to be making a Big Fuss over it – but, for now, let US also NOTE that the “authority” of this supreme court is also derived from a piece of LEGISLATION – the overly-amended constitution of india, based entirely – in its SUBSTANTIVE provisions – on the Government of India Act of 1935 – hence, the Strong Central STATE – hence the NAKED CLIENTELISM masquerading as QUASI-FEDERALISM – hence, what is best called Laputa-on-High – ON TOP!
As for all the “village panchayats” – they, too, are nothing but POLITICAL CLIENTS – a FACT most clearly visible in KASHMIR today – on which I have a very recent post.
REBUBLICANISM – is all about CIVIC INDEPENDENCE – which, first-and-foremost – means Civic FINANCIAL Independence – as with the Olde City of London – and which is the One Factor that lies behind the sudden, phenomenal success of Western Civilisation as PROVED by nothing other than their own HISTORY – beginning with the City-States of Ancient Greece, to the Italian Republics, and then, ENDING with the amazing Hanseatic League.
REPUBLICANISM – CONFEDERATIONS – and SUBSIDIARITY – ALL these POLITICAL IDEALS are ALIEN to this constitution of india – simply because it is DESIGNED for a BRITISH RAJ conducted by a legislatively-hyperactive crown-in-parliament in order to DEMOCRATISE and thereby POLITICISE the entire territory it had LEGISLATIVELY ROBBED from the Honourable East India Company – or, what Bastiat called LEGAL PLUNDER!
Thus, the Legal Plunder of Forcible “Land Acquisition” is LEGISLATION dated 1894 – proving once again that the HEICS of the Honourable Company and the ICS-of-the-RAJ were POLES APART in terms of not only their TRAINING and THINKING – but also their actual PRACTICE – something that SHOWS in PAKISTAN as well as BANGLADESH – for BOTH these NATIONS have also been RUINED by this ICS-of-the-RAJ – for the ICS “shared the spoils” of Partition with their Political Bosses.
Whereas, for the HEICS – “The Bosses” referred to The Honourable Court of Directors of The Company – and NOT to any POLITICAL AUTHORITY whatsoever!
Let US now proceed further in our discussions by first NOTING down the very FIRST PRINCIPLE of THE FREE & COMPETITIVE MARKET in BOLD and well as GOLD lettering:
THE SOVEREIGNTY OF THE CONSUMER
Having placed this FIRST PRINCIPLE OF THE FREE & COMPETITIVE MARKET upon the HIGHEST PEDESTAL, let US now look at the knotty question of Justice-for-Foreigners – relevant today because the supreme court today is extremely het up over COMPETITION between Foreign-Owned megasupermarkets and small local traders.
Now, the very first fact to NOTE is that COMPETITION is LIBERTY while the ABSENCE of COMPETITION is TYRANNY! And everyone knows tyranny is INJUSTICE – and surely ALL FOREIGNERS DESERVE to be justly treated by DOMESTIC “public authorities” who CANNOT be ARBITRARY – and their every action MUST be governed by PRINCIPLES.
So, FREE COMPETITION – synonymous with FREE MARKET – means ALL FOREIGN COMPETITORS are ELIGIBLE and can FREELY ENTER into this Free & Competitive Market – a Free & Competitive INTERNATIONALISED Market wherein The Consumer is King.
Now, if we look at the BASIC “LEGAL” ISSUE in any-and-every Market Exchange – then what we can clearly SEE is that – after an ex ante agreement over the “terms of trade” – there occurs an – usually INFORMAL – EXCHANGE OF PROPERTIES.
Which is why JUSTICE PREVAILS – ex ante, that too.
Now, the very OPPOSITE of this – its ANTITHESIS – is the Use of Force – which is INJUSTICE, plain and simple, clear to the “commonest understanding.”
And protectionISM, as already discussed, is not only POLTICAL CORRUTION – it is INDIRECT FORCE that INTERVENES in “consumer choice” – thereby causing LOSSES to ALL domestic consumers, the Vast Majority of them being among the poorest-of-the-poorest sheeple on The Planet – so JUSTICE DEMANDS that there be NO STATE INTERVENTION in The Free & Competitive INTERNATIONALISED Market.
Now, if a FOREIGNER – regardless of the SIZE of his “trade” – secures ex ante agreements to trade with LOCALS – say, for a PROPERTY within which to locate his little shop – say, to hire workers or even Big Managers for his MEGASUPERMARKETS all-over-the-territory – and ALL these efforts, all these DIRECT FOREIGN INVESTMENTS and consensual trades are carried out in full, free, and fair COMPETITION in which The First Principle of The Market MUST HOLD:
THE SOVEREIGNTY OF THE CONSUMER
What exactly is UNJUST?
For ALL are EQUAL before the BLINDFOLDED EYES of JUSTICE, anyway.
NOTE: This Principle applies equally to all CONSUMERS of WORK – and all “consensual trades” between ALL buyers-and-sellers of WORK must be ASSUMED to be BENEFICIAL to BOTH – thus, if “cheap foreign GOODS” are good for poor domestic consumers, then “cheap foreign WORKERS” are surely EVEN BETTER for poor domestic PRODUCERS. And I shall discuss this knotty issue further, below.
From this CONCLUSION it logically follows that ALL DISCRETIONARY – hence ARBITRARY – acts of State Intervention in any-and-every consensual trade between FOREIGNERS and LOCALS are UNJUST – are UNPRINCIPLED – and are CORRUPT.
They all CONSTITUTE the Employment of Force towards PATENTLY UNJUST ENDS – and this RAMPANT MISUSE OF FORCE then becomes a CONSTITIONAL MATTER – which requires a SUPREME COURT to settle once-and-for-all – by enunciating A PRINCIPLE.
Since, as we have noted at the very outset of this post, they are all IGNORANT - let US – wee the fucked-up poorest-of-the-poorest sheeple on the Planet currently howling out loud for JUSTICE – now LOOK for this PRINCIPLE.
Wee the sheeple need a PRINCIPLE to direct FORCE – towards “ends” that CANNOT be termed UNJUST.
And The Principles for the Just Use of Force begin with THE JUST USE OF PRIVATE FORCE – for INJUSTICE is, as fully explained above, The Unjust Use of Private Force by Private Individuals against other Private Individuals..
Quite OBVIOUSLY then, this SECOND PRINCIPLE must be:
THE INVIOLABILITY OF PRIVATE PROPERTY – and the First Property of any-and-every Individual is his or her Own Body – and ALSO the SOUL-within-that-BODY – which is The Only Way to achieve “Freedom of Conscience.”
NOTE, once again, how The Principle of The Inviolability of Property is of PARAMOUNT IMPORTANCE for securing LIBERTY.
NOTE, too, that exactly as Justice is an Attribute of Individual Conduct – with only the Just sticking to the “straight and narrow path” – which is nothing else but Personal Responsibility for One’s Own Conscience – or what might be expressed, in terms “metaphysical,” as Individual Protection of every Individual Soul – it is the very same with The Body – and all these Private, Individual “Properties” – one physical, the other intangible – are to be “cared for” – to be “looked after” – to be “protected & defended” – on the basis of Personal Responsibility – and this Personal Responsibility for Oneself is The Cornerstone of Liberty – and the Polar Opposite of CollectivISM - which "assumes" Vollective Responsibility, it is true - but actually ABUSES COLLECTIVE AUTHORITY or what ought to be called The Naked Abuse of Political Power.
Thus, the First Principle of the Free & Competitive Internationalised Market – which is The Sovereignty of the Consumer – to spend his Private Wealth as he deems fit, without State Intervention of any kind “hampering free consumer choices” – this First Principle had led us directly to the Second Principle – THE INVIOLABILITY OF PRIVATE PROPERTY – because the Consumer’s Money is Private Property – and from these, when translated into FORMAL LEGAL terms, we are led directly to The Third Principle:
THE INVIOLABILITY OF CONTRACTS
Thus, JUST PRIVATE FORCE CANNOT VIOLATE PROPERTY or CONTRACTS – and is to be employed ONLY AGAINST those who do so.
Because, while the Vast Majority of consensual market exchanges are carried out INFORMALLY – and this includes the Vast Majority of INFORMAL WORK AGREEMENTS – the MOST IMPORTANT of these are carried out in formal terms – which are CONTRACTS – and these, too, are about nothing but the very same Exchange of Properties between the PRIVATE signatories to that Legal Document based upon “terms of trade” that have been AGREED to by BOTH ex ante.
Let US now “understand” why – exactly as with INFORMAL, or VERBALLY-agreed-upon, contracts for the performance of WORK, which constitute the Vast Majority – there CANNOT be ANY legislative interventionism in formal work contracts – for there is NOTHING “COLLECTIVE” at all in ANY such PRIVATE CONSENSUAL TRADES that are mutually agreed upon ex ante, simply because ALL these must be ASSUMED to be MUTUALLY BENEFICIAL – otherwise why would these agreements be signed by both parties “consensually” – which means that NEITHER side was COERCED – which further implies NEITHER side was UNJUST to the other – which then goes to PROVE that Trade Union COERCIONS are UNLAW and INJUSTICE! – Period.
Thus, UNJUST PRIVATE FORCE employed by trade union thuggees MUST be REPULSED by the very same means – which is:
Let us also not only “understand” – but also “appreciate” – the Hard Fact that – same as with all other sellers – WORKERS, too, must COMPETE – and, indeed, they actually DO COMPETE – not only for being selected for the job, but even more for promotions thereafter – and, here again, their only way of competing MUST be to “keep the customer satisfied” – which means adherence to The First Principle of The Free & Competitive Internationalised Market:
THE SOVEREIGNTY OF THE CONSUMER
So, ANYONE can get FIRED by The Boss – though, as per the terms of their mutually agreed-upon CONTRACT, which is INVIOLABLE-by-BOTH private signatories – a contract that may just include a “Stipulated Notice Period” – and quite often these stipulated notice periods in private, formal, work contracts are binding upon both parties – so, even the WORKER-who-QUITS must give “due notice” or else a PENALTY CLAUSE may apply – all of which goes to show that ONLY CONTRACT VIOLATIONS constitute acts of INJUSTICE – which have to be dealt with:
First, through mutual dialogue;
Then, if the first fails, through ARBITRATORS both agree to appoint to “hear both sides”;
And finally, only when BOTH these FAIL – by ANY formal courtroom.
Now, it is VERY IMPORTANT to note that these Principle of Law arose – or were “articulated” – AEONS before the modern Science of Economics (b. 1871 - d. 1973) – so, I shall NOT get into any discussions on matters concerning the latter discipline, and stick closely-and-firmly to matters LEGAL – and CONSTITUTIONAL.
Questions do arise about the “nature” of any PROPERTY brought to The Market – and it is very easy to SEE – not only TODAY – but also in the pages of the oldest written histories – such as The Old Testament – that Property ARISES from LIBERTY – which is why the FISHERMAN who returns from the sea with a WHALE even is NOT asked to produce any TITLE-to-his-CATCH-from-NEPTUNE by ANY “civil authority” on The Shore, as with the Good Cap’n Ahab, or Mr. Hemingway.
And wee the sheeple have ever-so-many such TRADITIONAL FISHERMEN all along our 2500 mile long twin coasts – as well as all along our ever-so-many RIVERS and LAKES.
We not only have ZILLIONS of traditional fishermen – we ALSO have ZILLIONS of traditional “forest dwellers” – and, surely, their “traditional settlements” – same as with ALL the HILL STATIONS as well as all the PLANTATIONS around them, of tea, coffee, arecanut, rubber, etc. that ERUPTED all over our Vacant Mountains – from the North-to-the-South – are ALL PROPERTIES that arose out of LIBERTY.
Thus, it becomes quite OBVIOUS that wee the fucked-up poorest-of-the-poorest sheeple on The Planet now crying out for JUSTICE face a GRAVE CONSTITUTIONAL CRISIS.
1. We are NOT SOVEREIGN as CONSUMERS – and are actually being EXPLOITED – not only as CONSUMERS – but, even WORSE – as SAVERS!
2. Our Properties are NOT protected from LEGISLATIVE VIOLATIONS.
3. Our CONTRACTS are also being VIOLATED by legislationISM.
4. We possess NO LIBERTIES – to either CREATE PROPERTY, or even for the Vital Purpose of PRIVATE DEFENCE.
So, niranjan rajadhakshya of my Daily Business Noose who, in his recent column, penned in the context of the recent death of another of those nobel laureates in ECONOMICS – james buchanan of “public choice theory” fame – a column in which niranjan calls for a “new economic constitution” based on the ERRONEOUS IDEAS of buchanan – for niranjan is calling for “rules” – which means – what else? – but rules for INTERVENTIONism – or rules for ECONOMIC POLICY – which means niranjan is in VERY SERIOUS ERROR – as he is calling for the neverending MISUSE OF FORCE – “misuse” precisely because these “rules” MUST be ARBITRARY!
PRINCIPLES – these are something else!
Thus, the “examples” niranjan provides of areas where such “rules” are required, such as another legislation on “fiscal consolidation” and suchlike – these MUST necessarily be ARBITRARY – which also means “changeable” – according to not only CIRCUMSTANCES, but also changeable according to “the passing-majority-of-the-day” – and even any “rule” placed upon the SIZE of that particular MANDATED PASSING MAJORITY is necessarily ARBITRARY.
In other words, “rules” MAY “limit discretionary powers” – yet, the rules themselves are ALWAYS arrived at ARBITRARILY – as, for example:
Some NATIONS drive on the left-of-the-road; others on the right.
Some NATIONS allow kids to drive legally at the age of 16, other at much higher ages.
Some NATIONS allow kids to legally consume or purchase alcohol and tobacco at this age, others at other.
Ditto with the “age of consent” for “consensual sex” and even for formal marriage.
Which is why the current controversy over the precise AGE for declaring any CRIMINAL to be a JUVENILE – is Hard Evidence that All Rules are essentially ARBITRARY.
To all these, you can add ALL the “environmental standards” – for they are also EVER-CHANGING!
PRINCIPLES are FIXED, UNCHANGING, and UNCHANGEABLE – thereby imparting LONG-TERM CERTAINTY to LAW.
But ONE ARBITRARY RULE that wee the sheeple of The Planet URGENTLY require is one pertaining to a Legally Defined Standard Unit of MONEY – without which, forget about anything else, such as The Highly Desirable END of INFLATIONism, there cannot even be a “standard unit of account” in an INTERNATIONALISED MARKET!
Before proceeding – for I shall subsequently DEMOLISH anything-and-everything about buchanan and his “public choice theory” – let me draw ATTENTION to his most famous book, pictured above, titled – a Very Revealing Title as to the book’s INTENTIONS as well as METHODS – The CALCULUS of CONSENT.
This Blog does NOT ADVOCATE CONSENT – to The STATE - and this recent post asserted so very clearly - but an Old Post titled "A RELIGION of CONSENT" is about Free Society - not this fucked-up TYRANNY!
Thus, public choice theory is not only “conservative” in the PEJORATIVE SENSE – conservative exactly as with francis fukuyama’s thesis that “liberal democracy is the END OF HISTORY” – its METHODOLOGY is also the very-same-CRAP of “mainstream economics” – and NOTHING about it is even vaguely concerned with LIBERTY – and IF there is ANYTHING WORTHWHILE in ALL its Vast & Extensive Literature – then it is only this:
Modern Liberal Democracy + Bureaucracy + Voting + Legislation are ALL DEEPLY FLAWED.
NOTE #1: Modern “bureaucracy” – especially INCLUDING those in ALL western “liberal democracies” – have NOTHING to with traditional ideas on either The Administration of Justice – for bureaucRAT-judges are the World’s Oldest Bureaucracy – nor do they have ANYTHING to do with whatever was once known as “civil service” – the latter best exemplified by the “covenanted civil servants” of the Honourable East India Company whose SERVED in INDIA.
NOTE #2: It must also be noted that – in England post Magna Carta – the “Royal Judges” were NOT “salaried” – their kings, then, being TOO POOR – and received “court fees” for settling disputes in Free & Open Competition with both Manorial as well as Church courts – and these latter courts also charged fees – a competition in which the Common Law Courts triumphed because not only did the inventive clerks of the Royal Courts create WRITS by the HUNDREDS for ALL-who-sought-JUSTICE – a separate writ for EACH MINUTE INJUSTICE till there were over 400 writs to CHOOSE from – these Royal Judges also travelled throughout the kingdom, on “circuits,” thereby ensuring Justice Prevailed Throughout The Kingdom, and petitioners did NOT have to travel to Westminster, travel being extremely difficult as well as expensive then and, in this, these Royal Judges were guided by nothing very different from the Profit Motive of the “travelling salesman.” This, then, WAS The Enterprise of Law – “serving the customer” – while legislationISM is Legal Malpractice – SCREWING-the-SHEEPLE – as I recently explained. Indeed, why only judges – the Angevin Henry II travelled all-the-bloody-time, carrying all his “records,” settling disputes and collecting taxes throughout his Vast Territories, which included many parts of France apart from England – and this “continuous travel” in order to “settle disputes promptly” is also what marked the HEICS, who spent almost all-their-days “on the saddle” – and about whom it was said, “The good district officer is known by the wear on the seat of his pants.” Today, post-ICS, it is kisa kursi ka – or “bums-on-seats” – while even the word “bureau” refers to “desk” and NOT “chair”! PERVERSION – caused by nothing but MISEDUCATION – a miseducation that began with the ICS.
NOTE #3: The miseducation of the ICS was DELIBERATE – even PLANNED – for they FIRST shut down Haileybury – and when they opened recruitment via “competitive examinations” in a “politicised” India, its most DISASTROUS EFFECT was on India’s EDUCATED ELITE – hence, if we look at ALL the DEMANDS submitted before the Raj by the Indian National Congress during its first decade-or-more while under Hume, they INVARIABLY contain the demand for “raising the age bar” – as ALL of them wanted to Join The State – a Bad Virus that INFECTED India’s educated elites for DECADES after. And it was exactly the same in Britain, where the chaps who did this in India, northcote and trevelyan, REPEATED the same – and then, worldwide mass recruitment of bureaucracies began in earnest, with particularly disastrous effects on the YOUTH. This “mass democracy” + “mass bureaucracy” + “mass education” + “mass welfarism” + FIAT PAPER MONEY go together HISTORICALLY – for India was taken over in 1857 – not too long after Peel’s Banking Act of 1844 FAILED for the Third Time – and the Bank of England could NOT redeem its notes as was intended – the amendments that were “passed” on this Third Occasion were “passed WITHOUT debate” – and the CHOICE then – either This Way – or That – was TAKEN – quite OBVIOUSLY – by The Ruling Elites of Britain – which included their Financial Elites then – and INDIA became The Scapegoat – politicised, democratised, bureaucratised, communalised, and then “freed” after a LAWLESS PARTITION based upon the “ethic” of MAJORITARIANISM – and NOT INDIVIDUAL RIGHTS to PROPERTY & LIBERTY – not even The Liberty of Conscience!
NOTE #4: The word “covenant” – which can be found even in The Old Testament – is the olde word for CONTRACT. The convenanted civil servants of the HEICS were carefully “selected” – which means “screened,” and throughly “referenced,” as well as “interviewed” by the Directors themselves; and they were mere boys, all between the ages of 13 and 15; and only after their training at Haileybury – where, for the very first time in England “Classical Liberal Political Economy” was not just taught, it was “compulsory” – this, when this subject was alien to both Oxford as well as Cambridge – so theirs was excellent training – and only after this thorough training of their minds were they “examined” for their intellectual grasp, in-house, after which the less-bright were assigned to the Army; while the brighter chaps went to India as HEICS “writers” – hence, “Writers’ Building” in Calcutta, now STATE HQrs till very recently occupied by commies! – and the HEICS COVENANT included a HEFTY DEPOSIT that they could FORFEIT if ever found GUILTY of having VIOLATED the STRICT TERMS of their covenants. The Good Profit Motive – working both ways – as incentive as well as disincentive!
NOTE #5: The very COVER illustration on Professor Hogue’s History of the Common Law above shows how The Law was FOUND – by IDENTIFYING INDIVIDUAL OWNERS of PROPERTIES and not only MAPPING these, but also TITLING them. This is PRECISELY what the HEICS did in their territories – and if Cornwallis’ “Permanent Settlement” was “ham-handed,” then this charge surely cannot be leveled upon Munro’s work in the South. In both instances, the “intentions” were the same – to RAISE the LIVING STANDARDS of the agriculturists by employing the Laws of England in order to achieve what had been achieved there. Since this is the crux of Hernando de Soto’s Mystery of Capital – that “property titling creates capital” – it needs to be pointed out, especially since Hernando de Soto is a Peruvian Worshipper of Democracy, that his is actually a REDUNDANT thesis, for this is CLEARLY established by HISTORY anyway, both there as well as here. The term “Industrial Revolution” is nothing if not a MISNOMER – the real secret being the SLOW AND GRADUAL ACCUMULATION OF PRIVATE CAPITAL that ensued over centuries after the Magna Carta because the Common Law “protected” both Properties as well as Contracts – including those of FOREIGNERS – many of whom were FOREIGN BANKERS – as the very name “Lombard Street” indicates.
Modern Bureaucracies – EVERYWHERE – are nothing but Budget-and-Turf-Maximisers – that is, BIG SPENDERS, and LAWLESS INTERVENTIONISTS – all “recruited” – and NOT “selected” – recruited en masse from the lowest-common-denominators through “mass competition” – all these mass recruitments through “competitive examinations” that only TEST the candidate’s ROTE LEARNING of STATE PROPAGANDA. As in:
How Well Do You Know Our BULLCRAP?
This is also known as “inclusive government” – and often touted around as evidence of “equality” – and it is “equality” again that justifies State (mis)Education for the poor – and all of this is very far removed from what The Rule of Law and “parliamentary representation” MEANT in 1215AD. Very, very, far removed, indeed!
Take “inclusive government”:
What do YOU prefer? All these “competitive examinations” – or The Free & Competitive Internationalised Market?
The former is TOUGH – for YOU – and you END up THEIR SUBORDINATE – while the latter is TOUGH on ALL THEIR CRONIES – and YOU ALL become SOVEREIGN.
And – do NOTE – WORK is DISUTILITY – while SHOPPING is FUN!
What the FUCK do YOU WORK so fuckin’ hard for, anyway?
So, let US – all the wee the poorest-of-the-poorest sheeple on The Planet currently crying out for JUSTICE – abandon the “rules” of any “new economic constitution” that niranjan-inspired-by-buchanan is suddenly calling for and, instead, FOCUS ALL ATTENTION on exactly WHY these PRINCIPLES enunciated above – PRINCIPLES that are FIXED, UNCHANGING, and UNCHANGEABLE – thereby imparting LONG-TERM CERTAINTY to LAW – MATTER for the very SURVIVAL of ALL the JUST – by which I mean ALL those who wish to live life on the “straight-and-narrow-path” by seeking this survival through The Economic Means – by pursuing THEIR OWN PRIVATE ECONOMIC MEANS towards that survival through “consensual trades” in The Market – trades in which they seek their own PRIVATE ECONOMIC GAINS while attempting to AVOID LOSSES – thereby ACCUMULATING their very own HOARDS of PRIVATE CAPITAL – and all this, while SWEARING to refrain from Acts of Injustice upon ALL other such traders – and Acts of Injustice I have already defined above are those that employ FORCE – but UNJUSTLY – which also means there are definitely JUST PURPOSES for the Private Use of Force, such as PROTECTION of the SELF and one’s PROPERTIES – of which I have also provided Very Good Examples.
NOTE: This implies that the current Indo-Pak “official propaganda” emanating from Very Far-Away NEW YORK – from the Headquarters of the quite OBVIOUSLY (Dis)United Nations - about whether Indo or Pak FORCES – or some Neutral Third STATE’s FORCES – should-or-should-not PATROL the BORDERS – is FUCKIN’ NONSENSE-upon-the-planet’s-TALLEST-STILTS – and each-and-every Private Person who very unfortunately happens to be “living” and even Owning Property around that “contentious border” MUST PROTECT HIMSELF – why is not only HOW – but also WHY – the SWISS could THEMSELVES STAY NEUTRAL during BOTH – essentially EUROPEAN – “WORLD WARS.” And the SWISS are NOT members of either the EUSSR or the UN!
So, let US Think Through this nasty politico-administrative BUSINESS of what is now called “International Law” – in the LIGHT of ALL the above PRINCIPLES.
First-and-foremost: Does ANY COLLECTIVE – be it the State of Jammu & Kashmir – or the TWO STATES of India and Pakistan – or any Neutral State – or even the fuckin’ United Nations – actually OWN PROPERTY along this so-very-contentious borderLINE?
A LINE is NOT a SPACE – and Euclid’s GEOMETRY came MILLENNIA before GEOGRAPHY!
The GEOGRAPHY of any “territorial dispute” MUST needs be FIRST informed by Euclid’s GEOMETRY – thereby not only establishing, once again, The Fundamental Principle of The Inviolability of Private Property – but also establishing, once again, the FACT that wee the poorest-of-the-poorest sheeple on the Planet are faced with a GRAVE CONSTITUTIONAL CRISIS.
NONE can ever OWN a LINE – and, indeed, NONE ever ATTEMPT to do so – leave aside “DYING” for the BORDERline – because this goes AGAINST even the “commonest sense”!
Therefore, ALL the very Private People who actually OWN SPACES around ANY SUCH LINE anywhere on this Planet MUST PROTECT THEMSELVES and also their OWN SPACES from any-and-every AGGRESSOR.
PRIVATE PROPERTY created out of LIBERTY, andThe PRIVATE DEFENCE thereof.
NOTE: Just as Property arises from Liberty – so, too, do ARMS – to Protect Oneself and One’s Properties. Neither are “political rights.” What has POLITICS got to do with these matters, anyway?
NO sheeple has actually CONSENTED to the ABDICATION of ANY of these VITAL LIBERTIES – to ANY “political authority” – however “constituted”!
THE MYTH OF NATIONAL DEFENCE: Proven, once again.
THE MYTH OF POLITICAL RIGHTS – also proven, again.
Thus, LIBERTY – and Liberty alone – with ALL RIGHTS under the Private Laws of Contract – under which One Party has the “right” to DEMAND whatever the Other Party has consensually signed his “obligation” to provide the other.
Whatever may-or-may-not be the POLITICAL INTRIGUES within the BOWELS of any-and-every STATE on this Planet – these are ALL IRRELEVANT when we discuss and enunciate PRINCIPLES of JUSTICE and of LAW.
Returning to the LONG-TERM CERTAINTY of LAW and its VITAL IMPORTANCE to all sheeple:
Where the Vast Majority are engaged in “consensual trades” – where the Customer is the King, where Property is Sacred, where Contracts are Binding – the Long-Term Certainty of Law is CRUCIAL – quite simply because ALL TRADING ACTIONS are essentially SPECULATIVE – that is, they are speculative about an essentially UNCERTAIN FUTURE – and ALL TRADERS & INVESTORS most certainly do NOT wish for any FURTHER UNCERTAINTY – and if this unnecessary and HARMFUL UNCERTAINTY is FORCIBLY INJECTED into The Market in QUASI-LEGAL terminology such as “legislation” or “rules” – all completely ARBITRARY and hence EVER-CHANGEABLE – hence, POLITICISED – then ALL the VERY GOOD SHEEPLE within that particular TERRITORIAL JURISDICTION will get FUCKED – endlessly!
Take ANYTHING – beginning with these fucked-up ADMINISTERED INTEREST RATES – which are again a Violation of Free Contracts – yet another particularly nasty form of INTERVENTIONism by bureaucRATS-empowered-by-LEGISLATIONism to FUCK AROUND with what ought to forever remain The Free & Competitive Internationalised Market.
NOTE: Anything termed “LEGAL-and-BINDING-upon-ALL” is FORCE – precisely because it AUTHORISES COERCION.
Hence, if that “rule,” “legislation,” or “statute” is PATENTLY UNJUST – as, for example, those that JUSTIFY PRIVATE VIOLENCE by trade unions – or ALL of those that CRIMINALISE innumerable consensual trades – or those that FORCE LEGAL TENDER FUNNY MONEY into ALL TRADES – then this is PRECISELY what UNLAW actually “means” – that is, a LAWLESS STATE – what I have for long preferred to term PREDATORY STATE – under which “label” on the right-hand bar there are WELL OVER a HUNDRED posts on this blog.
PREDATORY STATE – is the second essay in my book Antidote: Essays AGAINST the Socialist Indian State (Macmillan India: 2000). The opening essay, incidentally, is “Population – or, How People Cause Prosperity” – and these two opening essays establish My Thesis of well-over-a-decade-ago that all our numberless sheeple are The Ultimate Resource, while it is this Predatory State that is The Real Problem.
“PREDATORY STATE: THE BLACK HOLE OF SOCIAL SCIENCE” is a Leader Article of mine in the Times of India dated 1999 – unfortunately, no longer available on their web archives?
CONTRACTS – these are PRIVATE LAW – and NO COLLECTIVE AUTHORITY should be allowed to use FORCE masquerading as LAW to INTERVENE in any-and-every Private Contract – beginning with the MEDIA of CONSENSUAL TRADES – and proceeding immediately to BANKING & INTEREST RATES.
Thus, RENT CONTROLS are UNLAW – with truly horrible consequences for the POOREST – who RENT – for they cannot BUY.
RENT CONTROLS CAUSE SLUMS – by DESTROYING the PROFIT-MAKING INCENTIVE for all landlords.
Without them, there would be a MASS MARKET for rental housing for the URBAN POOR – and a HIGHLY COMPETITIVE one at that.
Similarly, IMMIGRATION CONTROLS are UNLAW. They are, anyway, part-and-parcel of Trade Unionism.
And the UNLAW upon which trade unionism is based has been CLEARLY DEMONSTRATED already.
Further, immigration controls are based on the LEGAL FICTION of State Ownership of The Entire Territory within its “jurisdiction” – a territory that ALWAYS comprises a “Patchwork of Privately Owned Properties” – whose Rightful Proprietors are effectively being DENIED of their LIBERTY to enter into FREE PRIVATE CONTRACTS with any-and-every FOREIGNER they possess the NATURAL LIBERTY to do so with.
In other words, this “discretionary power” is NOT any “legitimate collective power” at all, and is entirely PRIVATE – as with “Rights to Admission Reserved” – so immigration controls are ALSO VIOLATIVE of LIBERTIES that NONE have ABDICATED in any “social contract” with any State.
But wee the sheeple MUST add banking services, insurance, stock markets, and EVERYTHING ELSE that has to do with THE FREE & COMPETITIVE INTERNATIONALISED MARKET to this list – for ALL of these CONTRACTUAL “CONSENSUAL TRADES” MUST be under nothing else but the Fixed-and-Unchangeable Principles fully enunciated and thoroughly explained above – in a manner both clear as well as plain to the “commonest understanding” – completely devoid of JARGON – while also being completely devoid of any OBFUSCATIONS.
Hence, the WATER-TIGHT CASE for UNIVERSAL SECESSIONISM.
And a NEW REPUBLCANISM.
ALL the Very Good Sheeple of INDIA are currently the poorest-of-the-poorest sheeple on The Planet ONLY because of ECONOMIC INTERVENTIONISM – its WEAPON being legislationISM that MASQUERADES as LAW – and PURPORTS to be not only “democratic” but also “in the public interest.”
IN REALITY: LegislationISM EMPOWERS only meddlesome, troublesome and LOATHSOME BUREAUS and their bureaucRATS – thereby IMPOVERISHING all the sheeple and the MOST LOATHSOME of these meddlesome, troublesome bureaus is this NEWLY created Competition Commission of India, FOR SURE – since THEY are the Biggest EXPLOITATIVE Monopolists – electricity, gas, water, roads, highways, railways, metrorails, buses, to even garbage and sewerage – while NOT EXCLUDING their OBNOXIOUS monopsony-cum-monopoly on BOOZE in Delhi, or ANY of their HORRENDOUS “urban land & development MONOPOLIES – and what is “unfair competition” if not a CRONIC LOSSMAKER like Air Indian forever-continuing to compete, thereby “stealing” passengers from private airlines, only because of STATE HANDOUTS? – but, the WORST and the MOST EXPLOITATIVE of THEIR MONOPOLIES is their legislated legal-tender-funny-money-MONOPOLY – so, let me clarify that ALL that is REQUIRED for Free Competition is OPEN ENTRY for any-and-every COMPETITOR from ANYWHERE-on-the-PLANET – who is an ENTREPRENEUR – and most certainly NOT any bureaucRAT – thereby nailing-the-point-home – that there MUST NOT be ANY State InterventionISM – of ANY KIND – under ANY PRETEXT – otherwise The Consumer will NOT be Sovereign – which means:
The Free & Competitive Internationalised Market MUST NOT be “hampered” by legislationISM.
It is the same with Big Budgets – which require CONTINUOUS Legal Tender Funny Money EXPANSION – which is inflationISM – which FURTHER IMPOVERISHES all the sheeple by ERODING the VALUE of their PRECIOUS SAVINGS – and THEY call it SOCIAL JUSTICE! – for which dubious purpose they EXPAND their ARMIES of TAX-COLLECTING bureaucRATS!
SOCIAL JUSTICE is THEFT – it is as ANTISOCIAL as anything else THEY call SOCIALISTIC – and there is NO ETHIC in what THEY call The REDISTRIBUTION of WEALTH – for, it is OBVIOUS, as with the Good Robin Hood, that in order to “give to the poor” what YOU YOURSELF do NOT POSSESS, you MUST ROB the rich.
NOTE #1: The CAPITAL of The Rich – when SAVED & INVESTED – is EXCELLENT for the poorest of WORKERS – for they not only receive plentiful opportunities for gainful employment alongside CAPITAL GOODS that belong to these wealthy people – and “shareholders” of Very Big Companies are usually NOT the wealthy alone, and workers worldwide themselves “invest” their savings in shares – but when workers with Big Companies are employed with CAPITAL GOODS that belong to SHAREHOLDERS they Earn More as Wages simply Because They Produce More per hour, per day, per month – which is called Higher Productivity – thus, when they go to The Market with these Higher Wages they find ever cheaper, mass produced CONSUMER GOODS to ENJOY! And WHO PRODUCES all these mass-produced consumer goods for mass consumption – but these very same Big Companies in their Big Factories!
NOTE #2: Even when the wealthy SPLURGE their wealth on LUXURIES the poorest do NOT lose – because anything NOVEL, when first introduced into The Market, is essentially a LUXURY few can afford, since it is produced in very small quantities, and only the wealthy can buy these, quite often in the manner of “experiments.” However, when they do so – as indeed, they do – in TIME, not only does The Market expand, not only are initial glitches removed and the lesser capable entrepreneurs “weeded out,” but The Product itself IMPROVES, or is even PERFECTED – and then, “mass production for mass consumption” begins – and the same LUXURY of a few years ago becomes COMMONPLACE – and every poor worker ENJOYS it possession. The mobile phone is the best example today – but there are numberless such examples from the past – truly numberless!
I trust the above discussions have clearly established that LEGISLATIVE INTERVENTIONISM is why there is not just Economic Chaos, and Economic Turmoil, but even what is best described as ECONOMIC MAYHEM.
Herein lies the DIFFERENCE between The Administration of Justice of Olde – and this PLAGUE of Modern Bureaucracy – WORLDWIDE – as also the difference between “parliamentary representation” and “parliamentary sovereignty” – and the Vital Difference between The Enterprise of Law and LEGAL MALPRACTICE, on which I also have a recent post.
Thus, it is NOT a mere question of an “economic constitution” or some such CRAP – it is ONLY a question of simple, clear, legal PRINCIPLES that are easily accessible to the COMMONEST UNDERSTANDING.
The COMMONEST TRADING MIND – say, that of the Proprietor of a Tea Shop – “knows” full well, within his own “trading human mind,” that when HE HIMSELF “invests” in provisions for the NEXT DAY, he is SPECULATING on The Uncertain Future of The Next Day.
Even bad weather can leave him with unsold stocks – while on the “unexpected good day” he can run out of provisions well before his usual closing time.
“The SOCIAL FUNCTION of The Entrepreneur is to Make Provision for the Uncertain Future” – as Ludwig von Mises explained full well in his Human Action: A Treatise on Economics.
All THEIR Five-Year Plans – and THEY are now finalising their 15th such! – have only rendered the future Even More Uncertain – something we can SEE-all-around-US – what with anything-and-everything that is deemed ESSENTIAL in CHRONIC SHORT SUPPLY.
This chronic short supply of anything-and-everything deemed ESSENTIAL is what THEY call SOCIALISM – but which is quite OBVIOUSLY ANTISOCIAL.
Hence, ALL the sheeple MUST call out for THE FREE & COMPETITIVE INTERNATIONALISED MARKET – wherein THE CONSUMER IS SOVEREIGN.
Now, from the example given above of the Proprietor of a Tea Shop “investing” in provisions for the Next Day – it logically follows that ALL TRADING ACTIONS are essentially SPECULATIVE – and these include SAVINGS, INSURANCE, and, of course, any-and-every kind of Property as well as Private Contract.
Thus, the Absolute Necessity for The Long-Term Certainty of The Law – an Absolute Certainly based upon Fixed & Unchangeable Principles:
1. The Sovereignty of the Consumer
2. The Inviolability of Property
3. The Inviolability of Contracts
4. LIBERTIES – to CREATE Property, and for PRIVATE DEFENCE.
The very HARD FACT that sheeple here-there-and-everywhere are FUCKED TODAY is PROOF that buchanan’s CONSTITUTIONALism was not only a DIVERSION-of-ATTENTION, but equally an ABUSE of ECONOMICS – for “public choice theory” is – by definition – NOT “A Study of Market Phenomena” – and its “method” is but the-very-same marshall-edgeworth CRAP – to which they add COMPLEX MATHEMATICS – and as for their “assumption of self-seeking behavior on the part of all State Personnel” – this particular ASSUMPTION has NOTHING to do with the Science of Economics, actually – which has EPISTEMOLOGY at its very FOUNDATION based on the “logical categories of the trading human mind” – and nothing so eminently contestable as yet another pseudo-economists’ ever-so-many and ever-so-infuriating “assumptions” – so, even if public choice theory is touted about as “The Extension of Economics into Political Science” – and, accordingly, we look into POLITICAL SCIENCE – which is nothing but HISTORY, actually – then, this particular ASSUMPTION is but the CORNERSTONE of “liberal constitutionalism” – which is why all such modern, liberal constitutions have attempted to LIMIT STATE POWERS – beginning, indeed, with the Magna Carta of 1215AD.
The actual POLITICAL AGENDA of public choice theory is seeking “reform” while IGNORING the STARK REALITY of the WORLDWIDE FAILURE of whatever is called LIBERAL CONSTITUTIONALism – ignoring the stark fact that modern legislationISM is NOT The Law – that modern bureaucracies are PLAGUES of LOCUSTS – and that the liberal constitutionalism which “sought” to LIMIT the “civil government” in the ERA of its proverbial “founding fathers” who, following montesquieu’s DOCTRINE of the POLITICALLY IMPOSSIBLE “separation of powers” – ALSO established “constitutional supreme courts” for the sole purpose of JUDICIAL REVIEW of – what else? – but The Constitutional Validity of LEGISLATION that had been “duly passed” by the “duly mandated passing majority of the day” of “duly elected REPRESENTATIVES of the sheeple” – but then, they failed – FIRST-and-FOREMOST – because NEVER was any LIMIT ever placed upon STATE BUDGETS – quite apart from the FACT that “judicial review” itself NEVER WORKED – simply because montesquieu’s DOCTRINE was ERRONEOUS – and Bastiat’s The Law also teaches where exactly montesquieu erred in his thinking – and these errors of montesquieu must be studied quite apart from the FACT that he was NAIIVE as to the “nature of political power” – that by its very “logic” political power seeks CONTINUOUS EXPANSION through SUBORDINATE BUREAUCRACIES – but also that is seeks CENTRALISATION – which is why they SPEAK in terms such as “a PACKED supreme court” in the History of the USSA and its central presidents – and, indeed, even the SWISS have NOT escaped from these irrepressible tendencies of political power.
Hence the need for FIXED LEGAL PRINCIPLES.
Hence, UNIVERSAL SECESSIONISM.
And all of this – towards a NEW REPUBLICANISM.
NOTE: Any small city or town anyway IMPORTS all its needs from without – and, even the nearest Free Republic is, legally speaking, a FOREIGN JURISDICTION.
For example: The City of London – and the City of Westminster – are SEPARATE JURISDICTIONS even TODAY – a LESSON in CIVIC INDEPENDENCE and the WONDERS it can achieve.
This means The Withdrawal of Consent – based on LOGIC that is but the COMMONEST SENSE – and has absolutely NOTHING to do with complex mathematics like fuckin’ CALCULUS!
Within each-and-every one of these New Republics, no more legislationISM – and a Very Private Law Society – with these private laws extending INTERNATIONALLY, as well – as with the International Law Merchant and the International Gold Standard of Olde.
PLUS: ONE ARBITRARY RULE – On the International Unit of Hard Money – that is, an Arbitrary Rule specifying the HARD COMMODITY, its PRECISE WEIGHT, and its PRESCRIBED FINENESS that shall be the International Monetary Unit.
But then again, The Question arises are to THE WHO is to be WHO SHALL “prescribe” this Arbitrary Rule – for “We Don’t Get Fooled Again”! – and wee the poorest-of-the-poorest sheeple on the Planet most certainly SHALL NOT get fooled again – since we are already in POSSESSION of The First Principle of the Free & Competitive Internationalised Market – a First Principle we have enshrined in letters both BOLD as well as GOLD:
THE SOVEREIGNTY OF THE CONSUMER
Then, this First Principle MUST HOLD in this Vital Sphere as well – and, just as History as well as Language provide evidence of such a wide variety of commodity monies used in ages past – and as Carl Menger’s “THEORY of the Origin of Money” (1871) instructs (read a brief extract) – the “evolution” of common media of exchange CANNOT be entrusted to any AUTHORITY – especially since wee the sheeple have ALREADY decided AGAINST any-and-every form of State Intervention in the Free & Competitive Internationalised Market – so, such decisions MUST be left to the traders of hard commodities – and to all the “sovereign consumers” who will then CHOOSE among their offerings – thus, it is INEVITABLE that MANY such hard monies will circulate – among which I am confident that the poorest-of-the-poorest sheeple of india will opt for COPPER COINS – while an International GOLD Standard will also evolve in the very same fashion – and SILVER will also play a monetary role, as always – in which connection it is relevant to NOTE that there is precious little subterranean copper, silver, or gold in this Vast Sub-Continent – and ALL these will have to be IMPORTED – but then, these FUCKERS of the rbi and their allies – all these jean-paul marats of the financial press – will scream-and-howl about the “balance of trade” – while THEY cannot ever BALANCE THEIR BUDGETS! – while wee the sheeple ALWAYS balance-our-accounts, and even try-and-SAVE! – what FUCKIN’ BALANCE do wee the sheeple really need, huh? – so, let US NOTE that there is NO GOLD, NO SILVER, and also NO COPPER in the British Isles and the Honourable EIC was EXPORTING GOLD in Tall Ships over 500 years ago! – nor are any of these minerals to be found in Hong Kong, or Singapore – and, wherever these DO EXIST in PLENTY – these places are POOR – which goes to PROVE – without THEORY – that it is in the PRODUCTION of goods & services – and NOT in the CONTINUOUS EXPANSION of the PAPER MONEY SUPPLY – that PROSPERITY lies – not even if GOLD replaces paper – and since to PRODUCE one needs CAPITAL – which comes from SAVINGS – and since COPPER FUTURES look rosier-by-the-day – IMPORT ALL THESE METALS – and employ them as MONEY – all you poorest-of-the-poorest sheeple on this Planet.
The Private, Individualistic Ethic in a Free & Competitive Internationalised Market is:
MIND YOUR OWN BUSINESS!
And I am most definitely NOT in any “commodity business” – but only “a mere peddler of words” – so I shall forever mind my business – and leave it to everyone else to mind theirs – in exchange of the same favour.
And, then again, just as Hollywood today rakes in more moolah than ALL THE GOLD of the California Gold Rush ever did – as, indeed, do all other kinds of Idea Markets, including MUSIC – for, as they sang long ago, “There’s No Business like Show Business” – my “words business” is NOT too bad a business to be in – considering that it requires a negligible amount of Capital, and my own words-for-sale are based entirely upon “intangible intellectual capital” – but my business ALSO requires that I “keep the customer satisfied” – of course! – which has always been my earnest endeavour – so, dear readers, I trust YOU ALL will surely make my next book an International Bestseller – so that, by the TIME I write it – and TIME happens to be The Most Important Factor of Production – and then, SELL the manuscript – which also consumes TIME aplenty – to a Good & Honest International Publisher – I will be able – thanks to A TIDE OF PUBLIC OPINION THAT I HAVE HELPED DIRECT towards the FREE “PUBLIC CHOICE” in media of exchange based entirely on Uncoordinated Individual Trading Decisions – which is the True Sociology – another legacy of Menger – this FREE PUBLIC CHOICE comprising Uncoordinated Individual Trading Decisions will have resulted in this New International Monetary Unit “naturally evolving” – and I myself will be able to exchange this manuscript at that point-of-time for a goodly sum denominated in this New International Monetary Unit based on an Arbitrary Rule that I myself have NOT IMPOSED.
After which, I shall remain content with the satisfaction of having lived-a-life during which I HAVE NEVER IMPOSED ANYTHING UPON ANYONE – and have ALWAYS left everyone ALONE – and FREE to “do-their-own-thing” – but have surely SUFFERED others who have IMPOSED UPON ME – from the FUCKIN’ COPS, to interfering busybody RELATIVES, to this fuckin’ REHAB-for-a-full-fuckin’-year that a FUCKIN’ STARK-RAVING-LUNATIC of a mater I have NOT been living with since 2003 – which means living elsewhere for a full decade – has IMPOSED upon me – a suffering that refuses to end! – and that story-of-my-life may just become an autobiography – but only someday in the very distant future – because the years ahead will see me busy with other studies, and other writings.
In other words:
I HAVE BETTER THINGS TO DO, and BETTER THOUGHTS TO PRODUCE-IN-WORDS – than BOTHER-MY-PRECIOUS-MIND with all this FUCKIN’ CRAP.
And so much for this nobel laureate james buchanan and his STATIST – hence ANTIPUBLIC – “public choice theory.”
I stand for the FREE “PUBLIC CHOICE” in media of exchange based entirely on Uncoordinated Individual Trading Decisions – which is the True Sociology – another legacy of Carl Menger – and this is The Science of Economics – which is A Study of Market Phenomena based on The Logical, Unchanging, and CONSTANT Categories Of the Trading Human Mind – and, this establishes the FICTION of the “Mind-Body Problem” while establishing once-and-for-all that The Private Accumulation of Capital is NATURAL to ALL HUMAN BEINGS as Free Individuals..
EVERYTHING ELSE IS FALSE – the BULK of which are DELIBERATELY CREATED & DISSEMINATED FALSEHOODS employed for the BENEFIT of Ruling Elites here-there-and-everywhere – to the ETERNAL DETRIMENT of the sheeple.
Take rousseau – and his ELEVATION of the legislator to a POSITION ABOVE MANKIND – entrusted to REMAKE MAN! In whose INTEREST did rousseau write? Quite OBVIOUSLY, to rousseau, the legislator is PERFECTION PERSONIFIED – and the sheeple are dumb-getting-dumber!
So, it CANNOT be that Modern Legislative and NOT Representative Democracy is “for the people, of the people and by the people.” Indeed, things are OBVIOUSLY the other way around – for the More You Vote the more Coercive Legislation THEY IMPOSE upon you!
For example: Consider the word “lobbying” – first employed to denote the “work” performed by hirelings of “special interests” to “influence legislation” in their favour in the USSA – and what it MEANS in “political economics” – which is: In order to receive Any Economic Favour from Any State Apparatus, Any Big Company can BUY the SUPPORT of The Very Small Number of People in Any Legislature – which implies that ALL of HUMANITY would be far better off with Consumer Sovereignty – except this infinitesimally small minority – or, in other words, The Free & Competitive Internationalised Market is GOOD for ALL the sheeple, is EXCELLENT for ALL the really Good Big Companies – and that is why ONLY THEIR PROPAGANDISTS OPPOSE LIBERTY!
Now, contrast rousseau with Frederic Bastiat: In the opening paragraph of his The Law (1850) Bastiat asserts that each one of us is BORN with LIFE – and this life gives us FACULTIES – and we use this life and its faculties upon whatever we find on the Planet – to create PROPERTY.
And then, everything else FOLLOWS – LIBERTY for ALL.
In whose INTEREST is LIBERTY? The People – or the TYRANTS?
And Bastiat DID sit in the French Assembly – he was “elected” – and he was HORRIFIED by whatever he witnessed therein!
My old column on what a True Social Science is all about – in which I quote Menger’s exact words that have given this Vital Science its CORRECT DIRECTION – and that is, it’s all about INDIVIDUALISM – or, how Uncoordinated Individual Actions naturally bring about VITAL SOCIAL INSTITUTIONS WITHOUT AUTHORITY – examples of which are MARKETS, of course! – but also MONEY, and LANGUAGE, as also LAW – what we could call The True Public Choice! – which is why the “lunatic French sociologists” – saint-simon, comte, durkheim, et. al. NOT EXCLUDING sartre – all SOCIALISTS for whom the “magic word” was ORGANISATION – which MEANS that they NEVER EVER THOUGHT of EGALITÉ – it was just another EMPTY PLATITUDE, really – and all that these SOCIALISTS cared about were all these Hierarchies – beginning with their SOCIALIST POLITICAL PARTY HIERARCHY – and then, their TRADE UNIONS – extending ever-onwards into all their Vast Bureaucracies – that would first Dominate France – and then – MANKIND – from ABOVE – which means all these LUNATIC FRENCH SOCIOLOGISTS did NOT care two hoots for the sheeple – for only those who cry out for LIBERTÉ “think” what is BEST for the sheeple, and WORST for their rulers – and this is the PRECISE REASON why FRANCE TODAY – despite having had FIVE REPUBLICS already – remains The Most Bureaucratised – hence, ORGANISED – or even REGIMENTED – nation on this Planet – which surely means, “WE SURE DO GET FOOLED AGAIN, and AGAIN, and yet AGAIN, and One More Time, and now, how about an ENCORE?” – and, pray, WHY so? –
ONLY because The French have NEVER read ANYTHING of Frédéric Bastiat – EVER! – and he was The Greatest Lover & Passionate Advocate of Liberté France has ever produced.
Frédéric Basitat died in 1850 – just two years after Marx & Engels’ Communist Manifesto was published – in PARIS! – and Bastiat’s The Law is also of that very same year, the last year of his very short life.
FRANCE – ruined by State Education! FIN!
LIBERTÉ – which means A Free & Open Society – is INDIVIDUALISTIC – and NOT ORGANISED in any way.
Every Individual is left alone by all other individuals to "pursue happiness" in his or her own way - except when that Individual INTIATES FORCE upon anyone else.
Only then can The Natural Order Prevail – and for this to happen – The Magic Word is:
Nor, indeed FRATERNITÉ - for The Sovereign Customer is more-often-than-not A Complete Stranger!
And the COSMOPOLIS is a CATTALAXY – in which Complete Strangers Interact Peaceably-and-Gainfully with each other.
Only LIBERTÉ – LIBERTÉ – and LIBERTÉ!
Which ALSO means NO “ORGANISED CRIME” – and it is an “interesting” FACT that the current head of INTERPOL, headquartered in PARIS, is a French Woman Cop – and a “specialist in organised crime”!
Why is CRIME ORGANISED? – only because of LEGISLATIONism masquerading as LAW – a legacy of that numbskull rousseau – as also all those LUNATIC FRENCH SOCIOLOGISTS – all of them, without exception, SOCIALISTS!
ANTISOCIAL – that is the REALITY of SOCIALISM – and ORGANISED CRIME is what PROVES IT – here, there, and, indeed, EVERYWHERE!
With LIBERTÉ – and an Individualistic, Natural, Market Order based on The Principle of The Inviolability of Property & Contracts – with ALL “CONSENSUAL TRADES” LIBERATED – there will only be the OCCASIONAL act of Private Injustice.
The Business Organisation in such an order will be COMPETITIVE – both WITHIN – with COMPETITION among its own WORKERS – and WITHOUT – COMPETING in The Market with its RIVALS – but, for each Private Individual within – the Planet will consist of ZILLIONS of NON-COMPETING businesses – and THAT is why there is NOTHING ANTISOCIAL about LIBERTÉ – for what it bequeaths is CIVILISATION.
That is, YOU COMPETE to SELL ONE THING – and ZILLIONS COMPETE to SELL YOU their stuff!
So, here’s to A SIXTH FRENCH REPUBLIC – based upon True Republicanism, for starters!
And NOT this CENTRALISED & SOCIALIST NATION-STATE PRESIDIUM!
And Peace – which is Civilisation – and not yet another napoleon-clone WARRING about in North Africa!
WAR – is the Very Opposite of Civilisation – plus, it is but COLLECTIVE FORCE – it is conducted by a State Organisation – one that is staffed by SUBORDINATES to Political Authority – yet another Permanent State Organisation – one that runs “parallel” to a Permanent BureaucRATic Diplomatic Corps! – and ALL of these Permanent Subordinate State Organisations are financed with FIAT PAPER MONEY “produced” by the very same STATE – for ITSELF – so, it is yet another “interesting” FACT that the current chief of the fuckin’ imf is a FRENCHWOMAN! And she – after a FUCKIN’ FRENCH “FROG”!
And – there is Permanent War!
WAR – it is a SYMPTOM of The Absolute, and Absolutely Organised STATE – and is PROOF that montesquieu’s DOCTRINE of the “separation of powers” is ERRONEOUS – and that ALL I have discussed and explained above now STANDS VINDICATED.
ALL the wee the sheeple on this PLANET need CIVILISATION – and NOT this FUCKIN’ EVIL “POLITICS” of NATIONAL-SOCIALISM WORLDWIDE!
CIVILISATION – it means Moroccan Hashish freely selling in each and every Parisian café – just a short boat ride across from the French Coast, actually, for “organized crime” to FETCH the Good Stuff – though I am sure Moroccans would be HAPPY TO DELIVER THE GOOD GOODS to all their SOVERIEGN CONSUMERS if France embraced LIBERTÉ – and that would be CIVILISATION.
Not THIS ONGOING YET ANOTHER WESTERN WAR FINANCED BY “SERIOUS FRAUDS.”
As for TODAY, after having scripted all this – this Long Essay that began with what India’s TOP bureaucRAT-judge – this socialist-centralised-politicised-bureaucratised Nation-State’s CHIEF JUSTICE – has been widely quoted as having SPOKEN – which I have called EMPTY PLATITUDES – what I derive Great Comfort from is the FACT that, when Ludwig von Mises formally proposed marriage to Margit, she was faced with such an offer from TWO other suitors, one an English Lord, then serving as CHIEF JUSTICE of the SUPREME COURT of INDIA – and she, of course, REJECTED the fucker.
JOLLY GOOD SHOW, I say!
The year, most interestingly, was 1934! – the very same year that the Reserve Bank of India Act was passed – and she does mention the curious fact that this CJI of a British India then under crown-in-parliament-RAJ that had just employed LEGISLATIONism to establish central banking here for-the-very-first-time met Mises in Paris after they had been married – and she writes that the two men “understood each other” – whatever that might mean?
I am CONFIDENT that what she has left unwritten is that, when Mises and this British RAJ cji of India parted company, they simply shook hands and “Agreed to Disagree” – and nothing much more than that – save “never-to-meet-again.”
But Hans Kelsen was one of their “friends” – in Geneva – and I do intend to probe this particular friendship they shared – someday – if ever I find any “historical records” of this curious relationship.
Because Hans Kelsen is the acknowledged Father of Legal Positivism – the Viennese Professor of Law who drafted the Constitution of Hapsburg Austria-Hungary – and who was actually hayek’s TEACHER – and, the “reformed-and-corrected-but-subdued” hayek of later years, the one who penned, for the univershitty of chicago press, Law, Legislation & Liberty (1973), was so only because of the Great Bruno Leoni – and I did write a post on these matters, while discussing how I myself ESCAPED from the “hayekian errors” that had entered my mind, in which I also discussed Bruno Leoni.
Bruno Leoni – he was a VERY GOOD FRIEND of Ludwig & Margit von Mises.
But this Professor Hans Kelsen – Good Grief! – even the current Pope mentioned his name in his recent speech at the German Bundestag, while OPPOSING “legal positivism” – but then, this German Pope subsequently turned SOCIALISTIC – and I NAILED him – in this very popular recent post.
Hans Kelsen is THE ULITIMATE 20th century IDEOLOGUE of constitutionalISM & legislationISM.
Hence, with hayek – the TRANSFORMATION from his Constitution of Liberty (1960s) to Law, Legislation & Liberty (1973) – occurred ONLY because of Leoni. And do NOTE that hayek was NOT writing about ECONOMICS at all – for very long! And hayek’s nobel came to him in 1974 – exactly the year following Mises’ passing.
As for buchanan – his nobel prize came MUCH LATER – in the mid-1980s – which, again, reveals MUCH.
The Baba Pagal Nath Charsi signing off – with My Usual Message:
FUCK THE SYSTEM!