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Voluntary Law development association

Voluntary Law development association. Just words can change the world. www.vlda.org. Recognize Monopolies. Government (the “state”) is by definition an institution claiming an exclusive right to enforce law within a defined territory

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Voluntary Law development association

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  1. Voluntary Law development association Just words can change the world www.vlda.org

  2. Recognize Monopolies • Government (the “state”) is by definition an institution claiming an exclusive right to enforce law within a defined territory • Government laws are imposed on all in the claimed territory- None can reject the law • Government may tolerate varying degrees of private law within its territory – out of necessity

  3. VL Precursors: Private Laws • Examples include private arbitration and mediation, corporate/business governance, private property rules for public accommodation (e.g., theme parks, resorts) church governance, families, private clubs or markets • Private legal systems are limited in scope and/or poorly defined, preempted by government laws, and often ultimately dependent on government for law enforcement

  4. The Need • A vision for alternative, comprehensive voluntary legal systems designed to operate independently of any statist control over dispute resolution and law enforcement • Practical, comprehensive legal codes consistent with such voluntary legal systems for study, development and eventual implementation

  5. The VLDA’s Purpose • Develop Voluntary Law • Promote the Development of Voluntary Law by others • Foster academic processes in the short-term, directed to practical results in the long-term • Enforce experimental boundaries with no predetermined endpoints

  6. THE VLDA Is Not • A VLS; does not promote adoption of any particular law • A law firm; does not provide any legal advice • A service provider; does not provide dispute resolution services, etc.

  7. Which Comes First, Chicken or Egg? • Do communities form around laws, or laws around communities? • VLDA presupposes a “law first” model, not to the exclusion of other models. An unconventional or perhaps novel approach. • Laws are developed, published, reviewed, amended then voluntarily adopted by individuals. • A group of individuals adopting the same law form a community.

  8. Characteristics of a Pure VLS • Multiple modular, published legal systems voluntarily supported by diverse, inter-twined and non-geographically defined communities • Multiple competing forums for dispute resolution, none with exclusive territories, supported by user fees • Multiple competing law enforcement, security, and insurance organizations, none with exclusive territories, supported by user fees

  9. Transitional VLSs • VL Systems, forums (courts), enforcement, security and insurance organizations coexist with governmental organizations (legally, quasi-legally, and/or underground) • No VL organization hears or enforces a law promulgated by a monopolistic governmental organization, or depends on such for enforcement. • VL organizations gradually and peacefully increase in scope and influence while monopolistic gov’t fades away and/or collapses (it may take centuries)

  10. Development Process • Open Source, Collaborative and Competitive • Most development precedes formation of VLSs • Version adoption must be voluntary; no elite can impose “upgrades” • Each amendment splits the community – this is a feature, not a bug • Development may slow asymptotically as communities grow (similar to technical standards development)

  11. Essence of VL • By definition, VL codes adhere to NAP and VL (no state) model; from these arise new approaches for dispute resolution and deterrence of malicious conduct in the absence of coerced imposition of law, territorially-based or otherwise • VLSs may exist independently of states, or morph into states, but a VLS cannot be a state (and vice-versa) under any consistent set of definitions • Boundaries are fuzzy; disagreements may arise at the margins over precise definitions of things like “voluntary,” “non-aggression,” etc.

  12. Features of VL • Modular (By Topic) • Individuals can mix and match modules to customize their own adopted legal systems • Conflict of Law modules resolve conflicts between laws when parties to a dispute adhere to different laws; can be specific or universal • Individuals are responsible for adopting internally coherent (not self-contradictory) systems of modules • Laws are adopted by notice, actual or constructive

  13. Characteristics of VL • Tendency toward simplicity and basic principles capable of flexible application • Stable • Legal precedents from dispute resolution forums are merely persuasive, cannot have force of law until codified and voluntarily adopted by individuals • Collectively-desired degree of ambiguity

  14. DR in “Law First” Model (1) • High degree of functional specialization • Lightweight, technically and legally expert forum providers handle logistics of managing dispute resolution forums • Independent, free-lance judges, jurors, and counselors compete for business from forums and disputants • Competition based on reputation, skills, cost, customer service, etc.

  15. DR in “Law First” Model (2) • Enforcement is entirely separate service, acts as quality check on DR forums because enforcing poor quality adjudications creates legal liability for enforcers (no immunity from prosecution) • Independent reputation certification services, but no generally imposed licensing • Vertically integrated organizations not prohibited, but would generally be out-competed by open-source, open-network communities

  16. VL Development Association • Develop and promote the development of many different alternative legal systems for different communities • Publish VL codes and inspire others to do the same

  17. www.vlda.org • Will accept code modules and commentary from any submitter under a specified license (Creative Commons Attribution) • Will curate, edit and classify submissions by system, subsystem, category and subcategory • Will publish processed codes and commentary in a linked hierarchical and/or relational data structure • Will receive and publish user feedback regarding published content

  18. The Future • One day, the notion that law is best imposed by elites will seem as backwards and barbaric as “divine right of kings” or sacrificing babies to gods. • Law will generally be deemed invalid unless voluntarily adopted by the person to whom applied • Natural need for community will ensure that very few people become outlaws

  19. Thank YOU For listening Please Join Us! More information at www.vlda.org info@vlda.org

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