Open Source Law

By: Pasquale Pulella 
NATA-NY

A peaceful society is free society, violence and governments go hand in hand. Violence or the threat of violence is used by government to keep and confine everyone in a certain standard that is deemed acceptable by the power structure. The law is the mechanism by which the state controls by violence. The law of the state is used to restrict, confine, control, demoralize, dehumanize, categorize, punish, and demonize anyone who does not confine to the semi-robotic industrialized humanity. As Mikhail Bakunin once said “The liberty of man Consists solely in this: that he obeys natural laws because he himself has recognized them as such” The law of anarchy must do the opposite of what the law of the state does; however it is not always that simple. The reason that we have so many laws in a state controlled society is because people differ in what they see as a “just law”. In the suburbia community where I live in on long island it is illegal to build above a certain height, it’s illegal to build a fence above three feet or so in the front yard, why is this? This is because people think that that sort of construction is considered “poor taste” and it lowers the value of their “property”. This however restricts myfreedom to build my fence higher than they want.

So instead of using violent force to break the will of someone you want to control, we can have agreements based on voluntary associations of individuals or collectives. Violence is to be used only when necessary. This system of laws may be seen as a guideline for the autonomous order of a free society. The concept of open source law is not unique to post-Proudhon anarchists. Pirates of the 1600’s even had their own set of laws they called the pirate code, Early Ireland had Brehon law, 16^th century Italy had the code of Omerta` (I’ll write another article about this). Ethics can also be seen by some as open source law, applied correctly Ethics can mirror natural law exactly. Natural law demands that you do what you want so long as it does not directly harm your fellow man. The Non-Aggression principle is an example of natural law/ethics. People can regulate themselves in dangerous behavior biased on proper education. An example would be that a boy scout is taught to put out campfires when they leave, no law can actually stop anyone from doing otherwise.

                Anarchistic law would probably be applied in a similar manner to the following. This is not an anarchist constitution but rather a guideline for one. If anyone has revisions they wish to make I would highly recommend you formulate it in another article entitled “Open Source Law Redo by_____”

The initiation of violence is prohibited unless with the consent or agreement between the offender and victim.

a.       If two people get into a fight it does not matter who hit first it is a dispute witch both parties must resolve unless either side calls for a third party to keep the piece or resolve a dispute (lawyer/arbitrator/professional juror [like in Celtic Ireland]/peacekeeping militia, etc.)

b.      The use of defensive violence is not prohibited no matter what kind of violence is used. If someone uses excessive violence in defense it does not constitute a crime. (If someone tries to rob someone with a pocketknife then the person getting robed has the right to kill them with a bazooka.)

c.       No regulation may be implemented based on violence or the threat of violence unless it protects the free will of a group or individual or their possessions ownership/use. Also it may be used to maintain collective or individual separatism.

2.       When using possessions that do not belong to said user they must consent to certain criteria implemented by the possessor.

a.       If using an individual’s possession, the possessor may require that the user consent to certain criteria for the protection of or to obtain or restrain certain benefits of said possession.

b.      If an individual or collective uses the possession of a collective the possessors may require that the user(s) consent to certain criteria for the purpose of protection of the possession or for certain benefits it may or may not give.

3.       Possession may be obtained and/or lost.

a.       Possession may be obtained when an individual or collective apply their labor to a non-possessed object, land, or animal. (Does not apply when other peoples uses of said possession does not restrict that of the original possessor.

b.      Possession may be lost when said possession is neglected or when the possessor dies or permanently vacates to another location where the possession is not present.

4.       Law practice in a free society must abide by the Non-Aggression Principle.

a.       Both parties may agree on what law consultant to consult and act as a third party to a dispute

b.      If the two parties do not agree on what law arbitrator to consult each person(s) may consult their own and both acting lawyers must put together a jury of the defendant’s community (people who know him/her somewhat)

c.       All parties involved in a dispute can come to agreement on the defendant’s innocence or guilt based off of proof of crime and both parties may agree to reparations.

d.      If the guilty defendant cannot pay for reparations with his personal resources than the defendant may pay with his labor in a reasonable manor agreed upon by both parties.

e.      If a defendant does not agree to pay reparations or to show up for his dispute/trial he is a violator of the Non-Aggression Principle and the use of violence is neither necessary nor prohibited against the violator.

5.       The right to be governed. All people have a right to be free but alternatively they also have a right to be enslaved, Should they want.

a.       If a government is to be formed in a free society it must consist of a defined area where all the people consent to be governed by hierarchical violence

b.      If a government is formed and the people rebel the law of nature will not protect the government that is formed nor will it protect any beneficiary’s and should they use violence against the government and flee to free land no law system can condemn them

Definitions

Ø  Possession; objects, lands, animals that are used, maintained, operated, and/or acquired by a group or individual for their own use, and they maintain the rights to its usage.

Ø  Separatism; Independence or voluntary non-association with an individual or groups of individuals. Certain people may be restricted access to certain private lands or possessions

Ø  Non-Aggression Principle; the principle by witch no person may initiate violence, the threat of violence, physical force, or fraud against another person unless such a person has violated the principle on them.