[MUD-Dev] Common Law [was: Declaration of the Rights of Avatars]

[Christopher Allen]

I *highly* recommend that those that are serious about this topic to read
any of Richard A. Epstein's books on common law.

In particular I recommend "Simple Rules for a Complex World"
<http://www.amazon.com/exec/obidos/ASIN/0674808215/ref=sim_books/104-7338171
-1116402>.

Epstein is a law professor that states that the principles of Common Law,
first derived from the middle ages of England, has basically six rules that
now are the underpinnings of the western legal system. In fact, I find after
reading this book a much better understanding the subtext of documents like
our own Declaration of Independence.

The six rules are:

   1 - Individuals are those that are self-owners; (i.e. the state must
agree who are individuals)

   2 - Individuals may aquire unappropriated property; (i.e. the state must
define what is private property)

   3 - Individuals may make contracts with other people; (i.e. the state
must allow people to make binding agreements with each other)

   4 - The law of tort shall redress violations of individuals such as
murder, rape, theft, robbery, and fraud; (i.e. if private property or
contracts of individuals are violated, the state must act as arbiter)

   5 - Private property may be violated only when there is overwhelming
necessity; (the state must act for the common good)

   6 - Whenever the state violates private property, whether by regulation
or outright taking, it must compensate the owner; (i.e. even in cases of
common good, the state is responsible for compensation of loss of private
property).

If you look at these six rules and then at the US Declaration of
Independence, you will note that our founding fathers were in fact making a
statement about England violating it's own common law. If you look at the
Constitution, you will see that it vary rapidly defines a basis for each of
these six rules.

Epstein's overall arguement in a number of his books is that the job of law
is not to promote virtue but rather to redress force and breaches of
contract. He believes that the underlying principle should be that
"government works best when it establishes the rules of the road, not when
it seeks to determine the composition of the traffic."

------------------------------------------------------------------------
.. Christopher Allen                                 Skotos Tech Inc. ..
..                           1512 Walnut St., Berkeley, CA 94709-1513 ..
.. <http://www.Skotos.net>               o510/649-4030  f510/649-4034 ..




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