Get rid of the laws and let the humans run wild!

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Outcome of no laws? (after change period has elapsed.)
Anarchy 61%  61%  [ 20 ]
Peace 9%  9%  [ 3 ]
Never ending Transition (bit of both) 30%  30%  [ 10 ]
Total votes : 33

visagrunt
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27 Jun 2012, 6:08 pm

Joker wrote:
Your missing the point it is not McDonalds fault that some twit spilled their product that some twit ordered from them in the first place.


Ah, but you're the one who is missing the point. You aren't looking at this like a lawyer--and you will never understand it unless you can look at it that way.

This isn't about who is right and who is wrong. That's kidstuff. The law isn't about what's right or what's fair, and anyone who thinks that it is (or should be) is dreaming in Technicolor (tm). This is about what's legal and what's not legal.

So a law student would pick up on a couple of issues:

First there is is the issue of contract. McDonald's was under a statutory duty to ensure that the product that it sells is fit for the purpose for which it is intended--every contract of sale of goods includes an implied warranty of fitness for purpose. So when the product is not delivered as promised, the consumer has a basis for complaint.

Second is the issue of negligence. McDonald's was selling the product at a drive-thru (tm) window. That meant that it was foreseeable that the consumer buying the product would be consuming in the car that she was driving. Therefore, an elevated standard of care was created to ensure that the container in which the product was sold was suitable for that purpose.

But a lawyer would bring in a third, totally different issue, that would wipe all the other issues off the table:

The issue of the reality and practice of litigation. The plaintiff's insurers didn't give a damn about whether McDonald's is legally at fault. All they cared about is whether they could successfully convince a jury that the big, bad, evil corporation should award their poor, unfortunate customer a whacking great lottery win. And if they could persuade McDonald's insurers of the likelihood of that result, then to accomplish a settlement on nuisance value.

Now she may well have been contributorily negligent for her own injuries, but when insurance companies are battling it out in the well of the court, that is a remote question. The only question that matters to the litigators is, "can we win?"


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27 Jun 2012, 6:12 pm

visagrunt wrote:
Joker wrote:
Your missing the point it is not McDonalds fault that some twit spilled their product that some twit ordered from them in the first place.


Ah, but you're the one who is missing the point. You aren't looking at this like a lawyer--and you will never understand it unless you can look at it that way.

This isn't about who is right and who is wrong. That's kidstuff. The law isn't about what's right or what's fair, and anyone who thinks that it is (or should be) is dreaming in Technicolor (tm). This is about what's legal and what's not legal.

So a law student would pick up on a couple of issues:

First there is is the issue of contract. McDonald's was under a statutory duty to ensure that the product that it sells is fit for the purpose for which it is intended--every contract of sale of goods includes an implied warranty of fitness for purpose. So when the product is not delivered as promised, the consumer has a basis for complaint.

Second is the issue of negligence. McDonald's was selling the product at a drive-thru (tm) window. That meant that it was foreseeable that the consumer buying the product would be consuming in the car that she was driving. Therefore, an elevated standard of care was created to ensure that the container in which the product was sold was suitable for that purpose.

But a lawyer would bring in a third, totally different issue, that would wipe all the other issues off the table:

The issue of the reality and practice of litigation. The plaintiff's insurers didn't give a damn about whether McDonald's is legally at fault. All they cared about is whether they could successfully convince a jury that the big, bad, evil corporation should award their poor, unfortunate customer a whacking great lottery win. And if they could persuade McDonald's insurers of the likelihood of that result, then to accomplish a settlement on nuisance value.

Now she may well have been contributorily negligent for her own injuries, but when insurance companies are battling it out in the well of the court, that is a remote question. The only question that matters to the litigators is, "can we win?"


Why should they be blamed if she is the one that spilled the hot coffee on herself?



visagrunt
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27 Jun 2012, 6:19 pm

Joker wrote:
Why should they be blamed if she is the one that spilled the hot coffee on herself?


Because they are the deep pocket. Her insurers convinced a jury that McDonald's should pay, and an Appeal Court saw fit to uphold that (although reducing the quantum of damages).

And that's how the system works. Maybe it shouldn't--but until you can convince legislators to dislodge the insurance industry from its privileged position, thus it shall always be.


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27 Jun 2012, 6:21 pm

visagrunt wrote:
Joker wrote:
Why should they be blamed if she is the one that spilled the hot coffee on herself?


Because they are the deep pocket. Her insurers convinced a jury that McDonald's should pay, and an Appeal Court saw fit to uphold that (although reducing the quantum of damages).

And that's how the system works. Maybe it shouldn't--but until you can convince legislators to dislodge the insurance industry from its privileged position, thus it shall always be.


That just shows she playing the blame game and getting money for it which is sad on her part.



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27 Jun 2012, 9:48 pm

TheKing wrote:

Quote:
And those of us on the spectrum are at a serious disadvantage in the wild, in a worldof natural selection, unfortunately, we are unfit for survival, we only survive today because we have intellect so we usually excel in academic fields. Academics dont mean sh!7 out in the wild, those jocks who bullied us would be more fit to survive, and they would. They always get the girls now, just imagine if we were in the wild where our existence actually depended on breeding, we would get laid less than we do now! Honestly!

The problem isn’t so much with the ability to protect ourselves but knowing WHEN to protect ourselves. We sometimes tend to misread people’s intentions when they approach us in some situations…… :?

Joker wrote:
Quote:
Very true I once heard a story about a woman sueing McDonalds because she ordered a hot coffee and it spilled on her. She sued because it was too hot though that is what she orded. And she won the law suit I was like geez welcome to America.

Yes, the court that awarded her a settlement should be ashamed, really. This is only one case in many of frivolous law suits being won by some money grubbing whiner, though.

Peebo wrote:
Quote:
why would bullying and meanness go totally unchecked in a scenario where authoritarian law enforced by violence is absent?

Because that authoritarian law enforced by violence is a necessary tool for our society. It helps to keeps the monster at bay more than you think. True, it gets out of hand and needs some tweaking but better do have it than go totally without it. There ARE monsters in society and other monsters waiting for that opportunity to come out. This is just an unfortunate but simple fact of life that we have to live with…….



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27 Jun 2012, 10:34 pm

Raptor wrote:
TheKing wrote:
Quote:
And those of us on the spectrum are at a serious disadvantage in the wild, in a worldof natural selection, unfortunately, we are unfit for survival, we only survive today because we have intellect so we usually excel in academic fields. Academics dont mean sh!7 out in the wild, those jocks who bullied us would be more fit to survive, and they would. They always get the girls now, just imagine if we were in the wild where our existence actually depended on breeding, we would get laid less than we do now! Honestly!

The problem isn’t so much with the ability to protect ourselves but knowing WHEN to protect ourselves. We sometimes tend to misread people’s intentions when they approach us in some situations…… :?

Joker wrote:
Quote:
Very true I once heard a story about a woman sueing McDonalds because she ordered a hot coffee and it spilled on her. She sued because it was too hot though that is what she orded. And she won the law suit I was like geez welcome to America.

Yes, the court that awarded her a settlement should be ashamed, really. This is only one case in many of frivolous law suits being won by some money grubbing whiner, though.

Peebo wrote:
Quote:
why would bullying and meanness go totally unchecked in a scenario where authoritarian law enforced by violence is absent?

Because that authoritarian law enforced by violence is a necessary tool for our society. It helps to keeps the monster at bay more than you think. True, it gets out of hand and needs some tweaking but better do have it than go totally without it. There ARE monsters in society and other monsters waiting for that opportunity to come out. This is just an unfortunate but simple fact of life that we have to live with…….


Yeah that was how I saw things too Raptor.



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28 Jun 2012, 12:37 am

True Anarchy isn't chaos; Its peace. From my understanding, social and political hierarchies, or the psychological, human desire that brings them into existence, is the cause of war, subjugation, and the chaos that haunts human affairs. Scrapping all the laws overnight would probably just create a power vacuum, destabilize society, and possibly enable an even more oppressive force to come to power than the previous. There may be no official leader in this temporary power vacuum, but the drive to fill this vacuum and dominate others is still present in the human spirit, so that's why it doesn't last long.

True anarchism is achieved through balance of the soul and psyche though, Hierarchy emerged, I believe, out of the imbalances in the human ego., We fear a lack of existential validation and try to compensate for this by feeling superior to others and controlling our environment. I think we have innate, universal worth that isn't universally acknowledged among us though. We may have a lot of differences, true, but our main commonality is that we all share this strange phenomenon of self awareness and consciousness..

People think of the hells angels or gangs as being "anarchistic", but they have rigid social hierarchies in these groups, and they function pretty much the same as any known dictatorship or aristocracy. If the government collapses and they take over, they'd simply become the new government. This isn't anarchy. To achieve true anarchy is to overthrow the tyrant in yourself. If everyone did this, we'd have peace on earth.

Whether its an unjust, criminal government with a whole society backing them, or a loner serial killer, the drive behind the crimes are the same. Either type of control freal want to validate their existence through dominating and controlling others.



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28 Jun 2012, 1:27 am

Raptor wrote:
There ARE monsters in society and other monsters waiting for that opportunity to come out. This is just an unfortunate but simple fact of life that we have to live with…….


I wouldn't be surprised if these "monsters" you speak of are Jews and gypsies, considering the picture you chose as your avatar.



CornerPuzzlePieces
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28 Jun 2012, 1:47 am

DC wrote:
It's nice of you to rejoin your own thread, now that you are here care to answer this from the first page?
DC wrote:
give a single example, just one from the entire span of human history where the break down of law and order and consequent power vacuum has ever been maintained and resulted in the outcome you describe.
One example, of a large number of people (not a few hundred blokes on a little island somewhere) that have created a stable, peaceful, progressive, technologically advanced society with no hierarchy, organisation or rule of law.
It has never happened.


Oh don't be so snippy- I have life problems that need dealing with before I get to argue semantics!

If it had happened this would not be a theoretical thread... I would say "Lets all go to Existia" or something.

Humans just recently started to have less trouble in their lives in terms of food available and knowledge/communication (the internet for one). It is now possible to make this a reality, is my point!

TheKing wrote:
If Obama is re-elected im moving to Canada.


If you do, please let me show you around. :)

TheKing wrote:

Who runs the "general standard of living" you propose? And who is to say this person wont corrupt and pervert this system?
///
Does your system include spme kind of safeguard to prevent someone from twisting the system?


We could still use elected officials- rotated out on a semi annual basis.. voted in by people and compensated for the work they do. If they are leveraging with the resources or taking for themselves it will be noted and they will be removed from the position.

Ok, lets say resource clerk 1 wants a vacation- resource clerk 2 goes away from the desk and 1 writes himself a nice bonus. What happens? Clerk 2 realizes money is missing and reports it- and 1 is discovered and brought back from cuba and returned to basic status (no job).

Say 2 didn't discover it- it would be found out by the bank and investigated much as it would be today if I deposited 50Grand
into my account suddenly..

edgewaters wrote:

Yes, really. All rights are established by law. Name a right, it was established and exists as a law (usually constitutional law but not always). Freedom of the press, freedom of speech, all of them. They have never existed outside of law, in the entire history of the human species.


"Life, Liberty and the pursuit of Happiness" These are god given rights.. no laws needed. They come stock. Be damned if religion wasn't responsible for at least some thing of value.

edgewaters wrote:
You're dreaming of a utopian fantasy.


Yes I am. Shoot me.

edgewaters wrote:
Why do you think if we get rid of gov't, everyone is suddenly going to have loads of resources and everything is suddenly going to be rainbows and lollipops? No government means a power vacuum, and that means civil war, warlords, gangs, etc. Prosperity and peace have always been a product of good government, not the lack thereof. In every case.


Because the government wastes loads of resources to satisfy it's existence. If the resources were distributed ideally you would not have "free for all" because people would have no need to go against each other for scraps of food.


____000____000____

To sum up this post- if people didn't have to pull at the maypole's strings so hard to try and stay balanced they could all be pulled by it instead. And maybe be free to take in the sights for a change..



edgewaters
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28 Jun 2012, 1:59 am

CornerPuzzlePieces wrote:
"Life, Liberty and the pursuit of Happiness" These are god given rights.. no laws needed. They come stock. Be damned if religion wasn't responsible for at least some thing of value.


The idea of natural/inalienable rights is complete rubbish.

http://www.spectacle.org/0400/natural.html

Quote:
Because the government wastes loads of resources to satisfy it's existence. If the resources were distributed ideally


And who distributes the resources "ideally"? Magical free market fairies? The invisible hand will flip the bird at all but a few in that situation. Provided the civil war that results from the power vacuum doesn't completely shatter what remains of the economy.



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28 Jun 2012, 2:15 am

TheKing wrote:
If Obama is re-elected im moving to Canada.


If you do, please let me show you around. :)

[/quote]

BC is where i was considering moving lol im either moving to Canada or defecting to North Korea at this point their administration is better than Obama's


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28 Jun 2012, 2:19 am

CornerPuzzlePieces wrote:
DC wrote:
It's nice of you to rejoin your own thread, now that you are here care to answer this from the first page?
DC wrote:
give a single example, just one from the entire span of human history where the break down of law and order and consequent power vacuum has ever been maintained and resulted in the outcome you describe.
One example, of a large number of people (not a few hundred blokes on a little island somewhere) that have created a stable, peaceful, progressive, technologically advanced society with no hierarchy, organisation or rule of law.
It has never happened.


Oh don't be so snippy- I have life problems that need dealing with before I get to argue semantics!

If it had happened this would not be a theoretical thread... I would say "Lets all go to Existia" or something.

Humans just recently started to have less trouble in their lives in terms of food available and knowledge/communication (the internet for one). It is now possible to make this a reality, is my point!

TheKing wrote:
If Obama is re-elected im moving to Canada.


If you do, please let me show you around. :)

TheKing wrote:

Who runs the "general standard of living" you propose? And who is to say this person wont corrupt and pervert this system?
///
Does your system include spme kind of safeguard to prevent someone from twisting the system?


We could still use elected officials- rotated out on a semi annual basis.. voted in by people and compensated for the work they do. If they are leveraging with the resources or taking for themselves it will be noted and they will be removed from the position.

Ok, lets say resource clerk 1 wants a vacation- resource clerk 2 goes away from the desk and 1 writes himself a nice bonus. What happens? Clerk 2 realizes money is missing and reports it- and 1 is discovered and brought back from cuba and returned to basic status (no job).

Say 2 didn't discover it- it would be found out by the bank and investigated much as it would be today if I deposited 50Grand
into my account suddenly..




Who would you report it to in a system of anarchy? And would fiat money have any value in anarchy? Remember our money only has value because the government gives it value. Thats why im a fan of Bitcoins, if you dont know what it is look it up its a really interesting concept


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28 Jun 2012, 2:20 am

My apologies for the way my posts are appearing im on my ipad and it isnt easy to fine tune posts on it.


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28 Jun 2012, 2:21 am

Post for edgewaters:

edgewaters wrote:
CornerPuzzlePieces wrote:
"Life, Liberty and the pursuit of Happiness" These are god given rights.. no laws needed. They come stock. Be damned if religion wasn't responsible for at least some thing of value.


The idea of natural/inalienable rights is complete rubbish.

http://www.spectacle.org/0400/natural.html

Quote:
Because the government wastes loads of resources to satisfy it's existence. If the resources were distributed ideally


And who distributes the resources "ideally"? Magical free market fairies? The invisible hand will flip the bird at all but a few in that situation. Provided the civil war that results from the power vacuum doesn't completely shatter what remains of the economy.



How so?? Society has a moral code upheld by people, not paper- why can't we add this is with the mix?

I'm not understanding that link, the self evident part means "Why the heck wouldn't you want these things?!?" They make it out to be a kind of trickery?


A group of elected officials (clerks) provide the service in response to requests from mayors of towns, owners of buildings, etc. Everything is sent or will be sent to the needy as set out by the members of this resource council. Spending is monitored by review boards populated by different people. Any abnormalities are investigated and the public is informed and able to de-elect and reelect another candidate/

Seriously- how do you think one road gets paved over another in today's system? Some official thinks that it will increase business to their local eateries and want's that for his upcoming election. Plan goes forward, road 'b' gets paved. Road 'a' in utter disrepair for years.

Get rid of the self interest and make the system far more open than it is- there is too much closed door bullcrap that happens now!!



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28 Jun 2012, 2:31 am

Post for the cool guy moving to canada:

:)

North Korea. Lol!

This isn't free for all anarchy, remember.. people do things to get these credits to experience more meaningful lives. The desk clerk who notices the 10grand credits gone will not have to care maybe but they do need to account for it because they need it to complete their work. No credits means no vacation time- it's still in their interest to report it.

The money system we have today is pretty worthless, I would have to think of a better money system. No more income tax anyways.. that's all I can say for now! I will checkout Bitcoins.. never heard of it.



edgewaters
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28 Jun 2012, 2:42 am

CornerPuzzlePieces wrote:
How so?? Society has a moral code upheld by people, not paper


All law is upheld by people, not paper.

Quote:
I'm not understanding that link, the self evident part means "Why the heck wouldn't you want these things?!?" They make it out to be a kind of trickery?


No, he's saying there's a difference between what you desire and what actually is, that fails to be recognized in the concept of natural rights. Just because you might obviously want them, doesn't mean you have them. It's such an absurd idea. How could rights be natural, when they don't exist in nature? Seen any printing presses growing on trees lately? No? Then how could "freedom of the press" come from nature? These things are products of political culture, brought into existance by law, and guaranteed by the government.

Quote:
A group of elected officials (clerks) provide the service in response to requests from mayors of towns, owners of buildings, etc. Everything is sent or will be sent to the needy as set out by the members of this resource council. Spending is monitored by review boards populated by different people. Any abnormalities are investigated and the public is informed and able to de-elect and reelect another candidate/


That's a form of government.

Quote:
Seriously- how do you think one road gets paved over another in today's system? Some official thinks that it will increase business to their local eateries and want's that for his upcoming election. Plan goes forward, road 'b' gets paved. Road 'a' in utter disrepair for years.


Try building a straight road without government. It's simply not possible. It has to cross properties. There is no guarantee that everyone will sell, and even if they do, the last few will hold out so they can get a ridiculous price, driving the cost of roads beyond feasibility. No government, no roads.