As an alternative to an (implied) social contract which has been the norm for democratic political systems of the past few centuries, perhaps anarchocapitalist-aware people would be more comforable with an explicit personal contract to be agreed to as a condition of joining an ancap-style stead as an adult. How does the following sound?
"I agree to not initiate force or fraud, and I agree to defend myself against force and fraud."
I believe that meets many requirements for a stable, sustainable community under ancap. Self-defense is a fundamental basis for such stability since it acts as a strong, positive, direct deterrent to those who would use force or fraud to harm others. If people do not allow themselves to be victimized, then crime is truly prevented at best or stopped or deterred at least. This is distinctly NOT pacifism. Pacifism functionally allows crime to be committed and continued against you and others. In that way, pacifism facilitates and encourages crime. (Crime includes inbound foreign aggression. Initiating force includes outbound foreign aggression.) Defense discourages crime and aggression. In engineering terms, defense dampens crime and aggression. As Robert Heinlein said: "an armed society is a polite society." Thomas Paine said:
"The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance of power is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside.... Horrid mischief would ensue were one-half the world deprived of the use of them... the weak will become a prey to the strong." -- Thomas Paine, Thoughts on Defensive War
(Payne above is wrong about all nations being alike if they were unarmed. All nations and individuals are not equal; disarmed, the strong can prey on the weak.)
An alternative wording with significantly expanded implications might make the community aspect more transparent:
"I agree to not initiate force or fraud, and I agree to defend myself, my family and my community against force and fraud."
The "family" part includes taking responsibility for the protection of minor family members (children), something most parents would naturally do. When the children wish to become adults, they personally agree to the same contract. The community part is a lot trickier since it makes explicit the idea of self-sacrifice for the protection of others, but it may be necessary in order to preserve and defend communities as a whole. Both the family and community extentions are arguably unnecessary, but make important concepts clear.
I believe these agreements are minimal and clear, and they could form a basis for other legal, political, collective defensive, cultural, etc., structures.
Comments?
The obligation not to commit
The obligation not to commit aggression is very specific. It is easy to see whether you fulfilling this obligation.
The obligation to defend your community is too wague. What exactly are you promising to give for the community defence? One dollar or one milion dollars? One minute of armed resistance or your whole life? Who will decide what to write in the "cheque"? If everyone decides for himrself, then it's not obligation at all, since one can write "1 cent". If "community" decides it for you, it can claim all your propety and your life to build, say, anti-Marsians defence.
I agree the community part
I agree the community part is the most potentially problematic. However, I view it the same as self-defense: if some individual person is being immediately attacked, that individual should defend against the attack and the need for defense would be very obvious to the person being attacked. If the collective community is being immediately attacked, then defend the community. It's generally up to each person to decide what's appropriate, and I can see how that could be a source of disagreement in some cases. In other cases, it could be extremely obvious when (collective) defense is needed. It's in the most obvious cases where defense is most needed and appropriate. If the need is less obvious, then maybe it's not really urgently needed. That's where some discipline, planning and leadership could be useful.
Does defensive leadership and planning lead to domination and tyranny? That would be unlikely if the defensive force were made up of all adults. Neither the Swiss militia nor the Swiss military officers have taken over the government of Switzerland in a military coup and imposed tyrannical rule. They can't since essentially everyone is in the militia.
If the Swiss military took over the Swiss government, they would essentially be taking over themselves. They don't do that because they already *are* the government and the military. It's about empowerment of individuals and the responsibility of individuals for that power.
An slightly-related older historical example is the Roman Republic. The Republican age had a militia. Therefore if the Republic wanted to have a foreign war, it needed to convince militia members to go. Essentially there was no such thing as an unpopular major war since people would vote with their feet and not go to war. When the Republic fell and became the Roman Empire, a professional standing army took the place of the militia. There were lots of foreign wars and eventually the army was turned against the Roman people themselves. That's where the expression "crossing the rubicon" comes from. Julius Ceasar attacked the people with the army and the Empire eventually collapsed. (Apologies to actual historians for the super condensed version, but I believe I got the general concepts correct.)
As an aside, Wikipedia gives a pretty good description of the significance of crossing the Rubicon:
I cite the Roman Empire only as a historical example of the relative benefits of a popular militia over a standing army. Non-initiation of force means defense only.
An interesting idea
Jeff, an interesting idea. I think it'll be an improvement over the current fudge, if it can be brought about. My thoughts:
1) This is still a social contract (a mutually binding agreement with the rest of society) , an explicit one as opposed to the implicit ones today. An explicit contract is any day preferable to an implicit one, so that everyone is on the same page, and conflict and acrimony over differing ideas of implicit contracts are avoided.
2) The ideal scenario IMO is that all adult citizens of a given society sign a physical contractual document involving all other members who've signed it earlier, after reading it carefully, whereby they pledge, for e.g. 1) Respect freedom of speech and thought 2) to desist from use of force except for self-defence 3) to desist from fraud etc.
3) In a less than perfect world, we'll need enforcement (police?) and arbitration (courts?) bodies to make the contracts meaningful. And some mechanism to alter the contract (to incorporate improvements, reflect changing situations) as and when agreed to by the contractors (representative legislature/direct democracy?) .
4) Also, I think the contract should be more detailed as kiwiserg has implied. For example 2 years of compulsory military/social/civil service? An obligation to participate in armed conflict (a citizen army?) as and when required with the consent of a majority or perhaps 2/3 of all contractors? Leaving a contract vague and vulnerable to differing interpretations is never a good idea IMO.
5) What about children who grow up in an explicit contract society, but refuse to sign it on reaching adulthood? Ideally non-contractors should be expelled/taxed etc, but then we might have a situation where teenagers sign the document without pondering over it/truly meaning what they've signed, just to avoid being thrown out/penalised. Apathy of this sort could undermine the whole project. How could we overcome/mitigate this possibility?
6a) An interesting corollary: the contract HAS to be mutual. In other words, it only holds with those who have also signed the same contract. Contractors have no obligation to extend any privileges to outsiders. Unilaterally extending privileges to outsiders who do not explicitly extend those privileges right back is unfair and self-injuring. For example, it would be unjust to extend the freedom of speech and conscience to most Muslims, since their countries do not respect the same rights vis-a-vis non-Muslims. The West is suffering this injustice today on account of its implicit, non-mutual contract.
Perhaps the explicit contract society should sign contracts with other societies/countries setting out what the deal is? Maybe a minimal universal default contract declared with all humans?
6b) A defence only committment is wrong for the same reason. If other countries do not pledge to respect our sovereignity/territory, we're hobbling ourselves by respecting theirs. Perhaps a tit-for-tat declaration ought to be included in the contract?
Agreed about signed
Agreed about signed contracts and everyone signing. The beneficial community should have no freeloaders who did not sign. Temporary vistors would be fine, of course, like a tourist versus a citizen.
Children would sign when they wanted to declare their adulthood, but if they refused to sign I don't see how they could be allowed to remain part of the community except as their parents' wards, i.e., they remain children under the protection and care of their parents. Most children would prefer to become adults and would prepare for it by studying and learning the meaning of their adult responsibilities and preparing to accept them. Rites of passage into adulthood happen in most cultures.
Disagree that the contract needs to be complex or spell out every possible situation. It is as impossible to enumerate every scenario as it is possible to agree to the most basic ones. Simpler is better. If the contract is minimal and correct enough, then it should not need amendment. Amendment may even be undesirable as a means towards a slippery slope of diminishing freedoms.
Regarding contract enfocement, that can be done by (competing) private arbitration companies. In the U.S., private arbitration performs exactly that role. Government courts and police are not necessary, nor necessarily desirable.
Regarding the role of police, if everyone is responsible for their own self-defense, then there would seem to be little need for police. Remember that police are a relatively new invention that started out as court officers. Recall that in England for many centuries before police existed there, ordinary people were expected to stop crimes personally and directly. It was a civic duty for private individuals to stop crime. The idea that police can protect people in general is largely erroneous. There simply aren't enough police to stop crime effectively or practically. They are not personal bodyguards. Police are good at invesigating crimes after they have already occured. It's much better if the crimes are deterred, stopped, or prevented from happening in the first place. Only people defending themselves can accomplish that goal most of the time. U.S. case law clearly shows that police have no duty to protect most individuals. Naturally we could have private investigators in the rare event of actual crime. However, if everyone defends himself or herself then there should be very little crime. I've never heard of a robbery occurring at a gun range, police station or army patrol. Here's a quote from the article linked above:
Regarding respecting speech and thought, it's impossible to stop someone else's thoughts or speech except by initating force against them. Choosing not to listen does not involve using force. It's also impossible to force someone to respect other ideas. Ideas get their power from being convincing, meaningful and truthful. Ideas are the opposite of force; they are how peaceful people interact. Absent force, no one is required to listen. Absent force, listening is done voluntarily or not at all.
Here is an excellent piece about why self-defense creates peace and civilized behavior.
Regarding the extent of responsibility for defense, if the need is not obvious, then defense probably isn't needed. (By analogy, would one use a fire extinguisher if there were no fire? Probably not.) That's an informal definition, but it probably should be made into a formal policy. Collective defense is something that could perhaps be organized independently of an individual agreement for general membership. On the other hand, it's useful to know up front how it is going to be accomplished, so there's something to be said for providing for it in an initial contract.
If there is going to be a collective defense, then it should definitely be organized as a whole so that there are no internal factions potentially acting against each other. Responsiblities and capabilities for collective defense should be kept simple and basic until they can become better organized and capable. They should always be focussed on defense and not aggression.
Agreements with external nations/steads would be an entirely different matter, but could follow similar principles. An external treaty for mutual trade, non-intervention and defense would probably be useful. Nations should probably respect and interact with other nations in the same way that individuals should respect and interact with other individuals: peacefully, voluntarily, and for mutual benefit.
0.02$ on children and duration
I must say I like the concept of people basically staying 'children', if they do not subscribe to the explicit contract of the community. An intriguing (and entertaining) point.
Perhaps it could be seen from the angle of property rights: where do people not belonging to a community stay, where everything is owned by somebody (by specific people or a group organized in whatever way)? If they are not inhabitants, or 'citizens' (I think that is the closest terms here), they are either immature or otherwise unfit to care for themselves, hence living with others, visitors in somebody's house, or tourists (paying visitors in effect). A given seastead could have a rule preventing selling parts of it to outsiders not subscribing to its basic philosophy.
One other thing to be noted - just to spell it out, I'm sure most consider that implicitly - the contract will have a limited duration.
Being pushed to subscribe to something for life is not consistent with freedom, and there would be an escape clause and ways to leave. But especially in respect to young people should there be more leeway, allowing them to try out life and responsibilities on a given seastead before subscribing to it for years. Assuming there is a group of seasteads, it could be a period of searching for a good home, when they could try several seasteads, experiencing their philosophy and of course the people living there. (Trying out the life on the 'mainland' will be surely a popular choice as well.)
I agree. Finding good ways
I agree. Finding good ways to deal with the tradeoff between the benefits of long term commitment and the downsides of restriction of choice is very important.
It would be a good idea to take into account the impact on the cost of secession for any project undertaken as a group, for instance. A project that becomes a money-drain with a few people leaving is a bad project. Being explicit about how to divide obligations made as a community in case someone is leaving is another way to prevent trouble.
Children could sign the
Children could sign the contract whenever they are ready to accept adult responsibilities. I see that as compatible with your comments. If one had concerns about the particular age of adulthood, then there could be a minimum age to be attained before being eligible to sign the contract.
Regarding the word "citizen," it's perhaps not the best one. I only used it because it was handy. "Member" or something like it may be more neutral and less loaded with old government contexts which may not apply.
Also regarding the right to leave, if no one will initiate force against anyone, I don't see how anyone can force anyone to stay. The right of a peaceful person to leave would therefore seem to be implicit within the principle of non-initiation of force.
Defensive force would be a different matter, in particular if you had initiated force and were placed under arrest or worse, as a result of defensive force.
Well, typically you cannot
Well, typically you cannot just leave a marriage contract either. Usually there are terms and conditions on breaking up such a contract, and it seems likely that a contract with a community would share some of those characteristics. Especially where shared obligations or assets are involved, dissolving a contract would be non-trivial.
This doesnt violate any libertarian principle, given that the people involved willingly and knowlingly got into said contract.
However, it is certainly an undesirable sideeffect: i highly value keeping my options open, and would shun contracts which are hard to break up. I dont think it is an issue that will ever be avoided completely though, Commitment and freedom are difficult to combine, you dont have to run any crazy libertarian experiments to find out about that ;).
Again, if one can't initiate
Again, if one can't initiate force, then I don't see how one who was not initating force could be forced to stay. Note the word "forced." :)
Luckily, one can initiate
Luckily, one can initiate force, and people are generally inclined to do so, given an important enough breach of contract.
As would I. I have no fundamental opposition to the initiation of force. It would be nice to structure society in such a way as to avoid it, but i certainly do not see any reason to dismiss it by axiom.
Understanding defensive force
I think you may be unclear on the idea of initiating force versus using defensive force. Breaking a contract could involve initiating force, for example a contract that said I would not initiate force. If I agreed to such a contract and then did initiate force, then I would be violating the contract by initiating force. Force used against such an initiation of force would be defensive.
Of course i agree with
Of course i agree with that.
But I do consider there to be valid reasons to initiate 'force', and hence i do not subscribe to the non-agression principle. If you walk out of a bar where you have an open tab, you should expect to be grabbed by the shoulder. Atleast, thats what id do if i owned the bar, and no concievable ethical axiom would change a thing about that.
What constitutes an appropriate response to undesirable behavior is very much a gray area, and like any ethical matter, a matter of opinion. Trying to fit reality to axioms like the non-agression principle just doesnt appear to work. What is force anyway? Lethal? A hand on the shoulder? A threat? An unspoken threat? Some would even have us believe that a breach of contract is initiation of violence. If you have to bend definitions so far to make them fit a theory, chances are said theory just doesnt make much sense.
That said, i do strive for a world with less (initiation of) violence. But not on axiomatic grounds.
A hand on the shoulder is an
A hand on the shoulder is an appropriate level of defensive force in response to your initiation of force by trying to leave without paying. Leaving without paying for services rendered is a form of force, ie., theft.
I'd suggest the concepts are fairly clear and obvious if thought through.
Theft is theft, not a form
Theft is theft, not a form of force. It just isnt.
By using the word 'appropriate' you have implicitly agreed it is indeed a matter of opinion. Why bother with the rigid axioms if they have to be subjectively interpreted anyway?
Agreed
If yu define theft as a form of force initiation, you put yourself in the bizarre and logically convoluted position of accusing someone of committing aggression by running away. Best to reserve the right to initiate force under some circumstances.
Theft is a form of force
Theft is a form of force initiation. This is well-established under anarchocapitalist theory.
Property is a form of theft.
Property is a form of theft. This is well-established under anarcho-socialist theory.
But i am equally unimpressed by that.
In case it got lost in the details: id like to emphasize that we seem to agree 95%. Thanks for your interesting input.
Which is why I'm not an
Which is why I'm not an anarcho-socialist. :) Property is something you can trade part of your life/work/time for. As long as property is acquired without force or fraud, it can't be theft. Contrast that with taxes, which are acquired by force or the threat of force. Am I saying that anarcho-socialism is inconsistent? Sure looks that way.
All property is secured by
All property is secured by force.
Who owns the north pole, and why? Why is america owned by 'americans' and not 'native americans'? Do you really want me to dish up all the paradoxes implied by the homesteading principle?
Property is a matter of force, plain and simple. There are property claims which i support, and ones which i am less fond of, but in the end, might makes right.
Am I saying that anarcho-capitalism is inconsistent? Sure looks that way.
(Well, it depends on what you mean by AC: AC doesnt have to be inconsistent, you just have to leave out that whole 'natural' right thing.)
Property isn't the physical
Property isn't the physical item, it's the way we relate to the physical item. If the North Pole is my property, that means I can justly do what I wish with the land. As Bastiat says; "In our relations with one another, we are not owners of the utility of things, but of their value, and value is the appraisal made of reciprocal services."
Agreed
Force or the threat of force are the fundamental premises at the basis of property, law etc. If you can't enforce it, it's irrelevant.
In the real world, might is right. The concept of "natural" right arises from deeply ingrained social and evolutionary norms that have been programmed into us by society or evolution, and they're by no means infallible. Just remember the looting and mayhem that took hold in the aftermath of hurricane Katrina.
Disagree. If I catch a
Disagree. If I catch a fish or bake a loaf of bread and you agree to buy it from me or trade for it, where is the force? If you sell me the oven to bake the bread, where is the force? There isn't any. Voluntarily trading property isn't force. Force would be needed to steal it.
If i fill out my tax form,
If i fill out my tax form, where is the force? Well, it is implied.
The fact that i am even considering buying the fish from you, rather than just taking it, means i take your implied threat of force seriously.
Who says the fact that you caught the fish makes it yours? You say so, and i happen to agree that it is sensible that the fruit of ones labor should be ones property (which ofcource includes the right to trade it away for a wage). But thats still nothing but our opinions happening to coincide. If you were to somehow catch all the fish on this planet, youd probably have a much harder time extending your property claim to that.
If you take my property from
If you take my property from me (i.e., theft), then you are initiating force. You agreed to not initiate force, so if you did, then you would be breaking your contract. I also agreed to defend myself against force, so you should expect me to use defensive force. Surely this is simple and clear?
Point made
Ergo, you need force to guarantee your property remains yours. Just what Eelco and I've been saying.
No. If everyone agrees to
No. If everyone agrees to not initiate force, then how are they going to take my property? Non-initiation of force implies many things, including no theft.
I didnt know where were
I didnt know where were assuming any preconditions.
I might have agreed not to initiate force, but that was because i saw a benefit to it, not because it was 'natural'.
I still dont believe there is any less force involved in you defending your property claim than in me challenging it. Its two sides of the same coin. The question is, do i respect your property claims? That can undoubtly be arranged, infact id be eager to reach such a mutual agreement, but it just doesnt follow from the non-agression principle.
See above. if you agree to
See above. if you agree to not initiate force, then you have also agreed to not steal my property. By our agreement, you restrain yourself from initiating force against me. If you follow your agreement to not initiate force, then I don't need to use any defensive force. By agreement, you don't initiate force and I don't use defensive force and vice versa.
Technically, the part about defensive force is unnecessary because if everyone agrees to not initiate force, *and* defensive force is implicit against someone else who initiates force.
Regarding natural rights, this basic agreement about force doesn't make any specific claims about natural rights or natural laws.
Reiterating your point
Reiterating your point doesnt make it more convincing.
If i take your fish while you are looking the other way, where is the force? It just isnt 'force', unless you want to extend the definition of force to 'everything i dislike'. But why then not just call it that? You claim its your fish, i claim its my fish. Not assuming any preconditions, our positions are equal. Only because you assume the one property claim is just and the other is not do you see the position of these two actors as different.
What are these assumptions, and how are you going to make reality conform to them?
The taking is the force.
The taking is the force.
Not any more so than holding
Not any more so than holding on to it is force.
But if you want, we can change the scenario to me just claiming the fish is mine, without moving a finger.
hunh...
I really didn't have anything to add here, but I just wanted to see how squished this text could get.
Did you catch it?
Did you catch the fish? Or using the bread example, did you bake the loaf of bread? Do you own your labor or time? Do you own your life? Do you own you? If not, who does? The state? The collective? If you don't own your life then you are a slave.
Id like to own me, but i
Id like to own me, but i cant say i do. If i feel like selling my kidney to you, too bad for me.
When i would move to a seastead, id assert complete ownership over my own body with deadly force. I could do so now and defy the state, but i have little intention of becoming a martyr while there are still realistic options available.
Similarly, i would assert ownership over the fruits of my labor. I would join a community of likeminded people to strengthen these claims.
If i baked a bread, i would want to own it. But id have to own the flour to make it first. If i catch a fish, id like to own it. But id have to make a credible claim to the uncaught fish first. If i dont own the flour, how can i own the resulting bread? If i dont own the fish in the water, how can i own it when its caught?
By mixing my labor with it? Hardly a statisfying answer. I could fertilize the ocean with a bag of nutrients: i will have mixed my labor with it, and now the entire ocean is mine. Do you think it will work? I dont think so. When you lay claim to a limited resource, that only tends to be respected when the value of said resource is insignificant relative to the value you added to it. Or if you have bigger guns, of course.
Assume you baked the bread
Assume you baked the bread in your own oven from flour that you grew from your own wheat seeds in a garden you built using water you purified, etc. Assume all the equipment, materials and labor to make the bread were provided by you. Would I then have any right to take your bread without any payment or barter? Or could you make a claim that the bread was your property? I'm curious as to whether you think property can ever exist under any circumstance.
Well, take this laptop for
Well, take this laptop for instance. I can do with it what i want, use it in any way i see fit, sell it, set it on fire: it is fully under my control, and in every sense my property. Ownership is control, and you can control a lot of things given enough power. Humans even.
Id like to have power channeled in such a way as to make sure my body, mind and the value i create are under my own control. Finding likeminded people to bundle our power to defend these claims would be the way to go in my opinion.
As for the allocation of property rights over things that would have existed without me anyway, such as land, fishes and water, things are more complicated. I realize they are going to have to be shared, but i dont have strong opinions as to how. But once more, the bottomline is: you own what you control.
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What are you guys talking about? I love these forums! They are great. They make me want to write words like honorificabilitudinitatibus.
Did i mention im not too
Did i mention im not too fond of these forums?
Explicit contracts don't
Explicit contracts don't address the problem of incompatibilities and "legal voids" where no clause is applicable.
You'll need interpretation of implicit contracts for that, at the very least. I've mentioned Natural Right several times - as it is universal and preexists social contract of any kind it fits the bill. I'll try to have a good explanation of what it is and how it works translated into english, if you're interested.
Natural law has varying
Natural law has varying interpretations itself, so yes, please elaborate.
As for my own position, i think it can be pretty accurately stated as follows: I dont feel an obligation to leave this world a better place than it would have been without me. I feel obliged not to make it any worse, but thats it. I hope to, and eventually even might make it a better place, but i categorically reject any attempts to try and force me to do so.
Thats pretty close to 'natural' law for most intents and purposes i suppose. But the moral absolutes and intentional is-ought obfuscation typical of many natural law 'aguments' are completely meaningless to me. I would not at all mind being neighbors with a natural law theorist, but i cannot imagine marrying one.
Not that i think its much of an argument, but for what its worth, i think this ethic will lead to an unprecedented maximization of utility. I dont feel any desire to discuss this in moral terms. As an emotivist, I dont care much for labels of good and evil. This is what i hope to achieve, period.
I think seasteading provides a real opportunity for cultivating this ethic together with likeminded people. This cultivating will probably involve a fair bit of telling eachother how good and awesome we are, and how much other people suck, but im confident that part will work itself out: what im more interested in are practical solutions and methods for keeping this system functioning and stable, such a dynamic geography, and taking active steps to prevent implicit social contracts from arising.
Natural law as a basis for contract
I generally agree with Eelco that natural law may be unusably vague for this application. It seems to mean many different things to many different people. Doesn't mean I'm against natural law (I actually agree with many of the ideas or implications that arise from some aspects of natural law), but it would seem to be difficult to base an explicit contract on natural law. That said, I'd be interested in seeing a natural law version of an explicit contract to replace a social contract.
Assuming we used some version of the very minimal and simple explicit contract I proposed, what potential "legal voids" do you see?
I also believe that the simple contract I propose has rather massive implications for how a society based on it would be structured. For example, since force is effectively neutralized, all desired interaction must be done through cooperation. There could no taxation, etc.
Please don't use the term
Please don't use the term "natural law" as it technically makes no sense (law is man-made). It's really "natural right" and it is incompatible with the very notion of "law" in its political sense. And now that this nit is picked let's see more in detail what I mean.
Imagine for a second that Police, government, courts, prisons and state troops have just vanished from existence forever. Would you yet seize this occasion and go on a looting, murdering, raping and assaulting spree ? "No" ? Well, natural right is this 'no'.
Everyone shares universal notion of what they consider good and bad, as with suffering being considered bad: even masochists don't consider suffering to be good in itself, and that's why the practice of 'safeword' emerged spontaneously among them (this is an exemple of unsuspected natural right put into practice). Lying, stealing, maiming, murdering, etc. are universally rejected by everyone. That's why all the cultures and civilisations in this world all "pull" in the same direction determined by our nature and share equivalent notions of right and wrong, as pointed out by many anthropologists and historians (on this P. Simon cites C. Renfrew, J. Haudry, P. Simonnot, G. Berthu and L. Lévy-Bruhl, I would also include P. Hill and T. Anderson). Simply put there are things we can't do (or make others do) in good conscience out of our own judgement, things we can't reasonably conclude to be just, which are the same for everyone because of what these things objectively are, and of what we ourselves objectively are. The thief denying your property right demonstrates his bad faith in trying to hide or keep the loot. The murderer denying your right to your life proves his bad conscience in covering his track or resisting those who'd judge or kill him too.
Natural right arises from the fact that you don't need to be coerced into doing what you think is right (I'm not ignoring willfull wrong-doing, see just below), so natural right is simply a repository of all the past and present decisions of everyone regarding what ought to be done as told by what they actually did, making it into the sum of everyone's own free judgement. Because it's not enforced but followed, it does not need authority and the use of force is limited to counteracting intented wrong-doing (which would require defrauding or use of force anyway).
For example, in the domain of international maritime commerce, there exists no "top authority" for enforcing arbitrary edicted rights. Business is done outside of pretty much any common legislation, and contracts fall outside of the clauses of any positive right. In this situation, it is natural right that applies, and from it arises things such as guarantees on delivery times with prorate penalties, responsibility of the client for damage done to the ship by his cargo, etc. Same goes in the extensive extralegal domain that covers a VERY large part of third-world countries' economies in which a very sizeable part of all business is conducted, and in which such self-establishing rights are followed - for example indonesians have the name "Jukum Adat" for it, it means "people's right". Even in our countries you can find whole banks working in complete clandestinity, outside of the state's jurisdiction and authority, yet protecting your assets and respecting your contracts.
Natural right isn't "made" as much as it is practiced, like with the "safeword" example. It arises out of your own judgement. For example by realising that you have entered an agreement for a good reason and that you wouldn't find it just that others' obligations towards you are not repected, you conclude it is more just to respect your own contractual obligations. In other words the underlying principle that can be given for natural right is that a rule may be just only if it is universal and applicable indiscriminately (because right covers interaction between multiple potentially-interchangeable parties, there must be equality of all parties regarding the rules of this interaction). This formalized principle (don't do to others what you wouldn't have them do to you, this is in essence the well-known golden rule) was identified by Kant initially, but it was already practiced and known universally, as you can find it in pretty much every religion and on all continents (the Mahabharata, hebrew texts, works of Confucius and Lao Tsu, the Sutta Siglo-Vada, Arjan Devji's teachings, the Baha'u'lla tablets, etc... they all include it and this list is far from exhaustive).
In the natural right view there is always an error being made in all wrong-doing. If it is an error of perception or interpretation of what is expected to be good, if something bad is done in good conscience against someone else who doesn't consider it good, then interpretation or perception can and should be corrected: this is the base function of the judge, to exercise judgement and discover what is the proper way in this situation. Because the deed was done in good conscience then there undoubtedly is also intent to correct it given the collected facts, statements and explanations (note that in many cases judgement can be exercised by just the parties involved, directly - that's "out of court settlement" ; there is a need for a third-party recognized as impartial only if anyone involved thinks it necessary). As for cases of bad conscience (errors in judgement), people who intently violate right place themselves outside of its protection. They have to choose between changing their ways and correcting the torts they caused by recognizing natural right, or stay "banished" from it.
There is no such a thing as "law" in natural right, because its prescriptions are not imperative, and the very notion of some interaction being not covered by defined rights (legal void) is meaningless because you every situation has rights that are just up for discovery and we either know about them (even imperfectly) or we don't. There is no tie to a specific authority (natural right being universal it cannot incorporate sovereignty of one over another), and no legislative process either because there's no law to make. Natural right stands as a living construction that everyone participates in creating through his or her own choices in good conscience, guiding those who will come after us by the manifest justice of its conclusions instead of constraining them.
I am not constrained by natural right, my interactions with others are covered only by the part of it that we unanimously and commonly recognize. Or in simpler words: Do it if you think if it is right, and don't otherwise ; similarly don't do anything to others that they don't accept as right as well ; and when in doubt you may seek professional advice.
what im more interested in
what im more interested in are practical solutions and methods for keeping this system functioning and stable, such a dynamic geography, and taking active steps to prevent implicit social contracts from arising.
As far as that goes: great thread!
Simpler is better
Thinking about it further, the simplest form of my proposed explicit personal contract would probably all that's necessary:
For collective defense, the need would generally be so obvious that there would be implicit agreement about it. For example, if there were pirates firing RPGs (rocket propelled grenades: old-style anti-tank weapons) and AK47s at you as happened to that cruise ship off Somalia, then most people would probably intuitively, immediately and informally agree that it would be appropriate to respond with defensive force.
In less obvious cases for collective defense, leadership would be needed to convince people to take action. If the need wasn't obvious or easily justified, then most people likely would not respond. Most people would only use force to defend against an immediate threat to life, since using defensive force means putting your own life on the line.
Naturally collective defenses should be planned and practiced before they are needed. But that could be organized independently of the basic personal agreement.
I might be missing something
I might be missing something here, but I´d guess that most people would automatically risk their lives to defend their home (the seastead). Thus an explicit contract to organize "collective defense" seems rather redundant.
Anyone who runs away and effectively leaves their neighbors to do their fighting for them is obviously going to experience shall we say quite a decrease in social standing and reputation when the battle is over.
A caveat
That's only if you win and survive the battle despite the absence of that missing firepower...and you leave the possibility open that some people will refuse to fight neccessary wars abroad, such as America's wars in Europe and the Pacific in WWII.
If the seastead is defeated
If the seastead is defeated and all the defenders killed the people who ran away are likely to get away with it anyway, contract or no contract. There will be nobody left to judge them. Maybe it will help other seasteads identify and deny citizenship to the deserters though.
Fighting wars abroad? Against other seasteads or against countries on dry land? I don´t know, invading other countries seems like a doomed enterprise any way you put it. Fighting a guerilla style war against a nation state is probably going to require people who believe in the cause rather than people who are obligated by a contract.
A mutual defense treaty with
A mutual defense treaty with other like-minded seasteads could be useful.
Invading foreign countries might likely be considered initiation of force and therefore disallowed.
Defense treaty - sure, why
Defense treaty - sure, why not.
I agree that invading other countries is aggression and unlawful. For the record the discussion on foreign wars was assuming some sort of existential threat to the seastead from outside aggressors, and if things ever come to that something has gone very wrong.
Agreed. Initiating force
Agreed. Initiating force is wrong, whether it's on an individual or national level. Defensive force is probably not only justified but required. Countries that are heavily armed and trade peacefully and relatively freely like Switzerland tend to remain at peace. They don't invade other countries, and other countries don't invade them.