Jurisprudence

Law is interesting because it is an attempt to impose structure on the world, and that is something that everyone does. For example, property rights seem to be a function from space to a set of owners, people and corporations. But how do you define the edge of an object, and thus the extent of someone's ownership? Isn't the conventionally defined edge just a certain strength of electromagnetic repulsion? What about breach of the peace? How can one more decibel make someone's singing a breach of the peace?

Property

Property describes a class of related legal systems. The way that land is owned is different to the way that cash is owned, which again is different to the way that electronic FRB bonds partially insured by the State are owned. As long as you have specified owners and things to be owned, with the right of the owner to transfer ownership, then it can be described as property. It would be a mistake to say that because two different jurisdictions have different conceptions of property that one of them doesn't respect property rights. 'I own this land! Get off my land!' shouts the grumpy landowner. 'You don't actually own this land in *that* sense, because of the right to roam,' replies the cheeky lover of the great outdoors, before he starts dodging shotgun rounds. What is important is consistency and the rule of law.

It is a restriction of the idea of multi-lateral contracts. Theoretically you could have a mass contract of everyone in the country, where they all agreed to act as if property existed.

Property rights can be viewed as a function from space to a set of property owners — people and corporations. A common restriction of the mechanism of property is to view it as a function to the set of property owners from the set of ‘objects’ — objects such as pens, cartons of milk and baseball caps. This does not apply when that being owned is not a discrete object — such as land, houses (which are not discrete because they are stuck to the ground and are therefore not portable), power lines, oil pipelines, the oceans and the atmosphere. In this case the function to the set of property owners is preceded by a partial function from space to objects.

Developments

  • How do you define the edge of an object and the extent of someone's ownership? Isn't the conventionally defined edge just a certain strength of electromagnetic repulsion?

War

War is when two laws contradict, both of which are being tried to be enforced.

Common law tradition

This is quite a good thing I think, it is a bit like scholastic philosophy where you had scholars each tweaking the tradition that had been handed down. Any time that there is some ambiguity in the law, the judge can resolve it. After a while it should be incorporated into statute law using the insights of the jurists, or if the jurist was incompetent the statute should be revised to make it clear that his 'interpretation' was wrong. Old legal precedent should be abolished so that it is not quotable in a court of law (I don't know if that happens at the moment) so that if someone wants to know what the law is, they can restrict to reading the statutes and recent case law only.

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