Thursday, December 10, 2009

My Constitution, Section 10

Section 10 - Freedom of agreement

10(1) All individuals have the right to propose, negotiate, reject or accept any agreement with intent to create legally binding rights and obligations under that agreement.
This is a continuation of the right to freedom of association. Derivative rights can be created by people making agreements with others, where that derivative right is of a particular thing or action that another party to agreement will do or refrain from doing. A failure of the second party to make good on that promise constitutes a breach of rights.

10(2) While law shall uphold implied terms that custom reasonably holds is standard, the right to create non-standard agreements shall not be abridged.
For the sake of convenience, law can make reference to types of agreements that are used so commonly that whole bodies of law can grow up relating to their interpretation and operation. The very fact that this body exists, along with the convenience of the agreement type itself, will see people increasingly take that body for granted when formulating those agreements. The point of this clause is to expressly leave open the fact that people are still have the right to be free to make any kind of agreement they judge fit and not be forced into the moulds of custom.

10(3) All individuals rights and obligations arising from lawful legally-binding agreement shall be legally upheld insofar as is reasonable for parties to hold other parties as being of sound mind, irrespective of actual status.
If two parties agree that one shall do or refrain from doing something, and on the basis of that agreement the other party does something or refrains from doing something that would cause disvalue to that second person if the first person did not abide by his word then the first person has effectively used force against the second person.

10(4) No individual shall be taken to have entered any agreement without expressly and formally having done so; nor shall any exercise of rights or any other interaction with others be taken as express agreement; and a term that attempts to obviate express or formal agreement is void.
This is eliminating any sly manufacture of fake rights and duties by presuming consent via action. That kind of trick is central to the social-contract premise wherein it is alleged the continued presence and interaction with a society constitutes an agreement to support that society (e.g. pay taxes and adhere to regulations, etc).


No comments:

Post a Comment