29 December 15 © Vitali Kaufman
Ïî-ðóññêè
Idea-dream
Today, the situation where a normal person is forced to
turn to an expert on law, to a lawyer, is very similar to the old days when the
normal illiterate was forced to turn to literate, to a clerk. In this sense, we
are dependent on experts in laws, as in the old days a illiterate was
dependent on the literate..
It would be nice to reduce this dependence dramatically.
For example, to make possible for an ordinary person, in most cases, defend
their interests in court independently.
For this purpose, our social rules should be simplified
significantly. For example, they have to satisfy the following conditions:
- A set of rules must
be such that a normal person would be able to know the rules
almost entirely (*)
- for example,
from a school
- The law should be brief
- say, should
take no more than a printed page
- A set of rules should be concise
- say, a list
of the rules should take no more than a few printed pages
See also: Social axioms, Registration
revolution, Cult of understanding, FAQ.
Preamble
The rules that guide people in relationships with each
other, leave much to be desired. This applies to both formal rules (laws) and
informal (moral). For brevity and generality we will use a term "social
rules".
The social rules thus significantly depend on the place,
time, features of human societies, etc. It is also clear that some of the rules
contribute to peace and prosperity, others provoke strife and hostility, even
the destructive wars.
It is also clear that human society is so complex
system that can be asserted with confidence - nobody would be able to implement
or even suggest such social rules, which could not be subjected to
well-founded criticism. This is one of the most important consequences of
the complexity of the society..
On the other hand, there are measurable characteristics of
society which can be compared in societies that live by different rules.
And, of course, people consciously or unconsciously try to
compare societies, often not even trying to deeply understand, why results are
so very different. As is known, proposed and tested a lot of recipes of
organization of heaven on earth in one way or another - at least communism,
fascism or the latter-day "universal kingdom of justice.".
It would be interesting to formulate some basic provisions,
that could be confidently used upon the discussion of the social rules,
both existing and proposing. This system should be based only on
- properties of complex systems
- properties
of human nature
- priorities of
human needs
In other words, the system itself should be based not on a
priori notions of what is good, what is bad, provoking endless, and, as a rule,
by the very nature of its fruitless discussions, but on the verifiable basis
of universal character.
I called this system Social
axioms. I hope that the formulation of the problem of creating such
axioms and furthermore proposed axioms themselves could be subject of
constructive discussion.
On the other hand, if such axioms would work, they can
become the basis for productive discussions concerning "ideal" social
rules (ideal, at least in terms of clearly formulated order of priorities).
Obviously, such discussions could not be easy, short or
elitist in any sense. And certainly could not be easy, concise or elitist a way
to implement of the updated rules of social life (even in a local
in a sense society, not to mention globally).
My personal ideal of the way from the basic social axioms to
the proper social rules, and then to the incorporation of updated rules into
our life - long enough, it is desirable evolutionary path of updating of the
current rules without serious social upheaval, specially without catastrophic
shocks. As is well known, "break - not to build.". Breaking easy, but
gradually and sensibly to build a working model of an ideal in described above
sense society - a more than worthy of the task.
For me as the Habitology author, a balanced, calm, evolutionary approach to optimize the
social rules is completely natural. Carefully ellaborated but still preliminary
samples of possible rules - below.
The main purpose of publishing them here - just show
examples of my personal vision of the future rules since "explanation is
not perfect without a good example ..." (from my Commandments programmer).
Laws should be
separated from the instructions. The first – for general
application, entailing a very severe punishment. The second - very specific.
The first should be concise and completely clear. The latter may require
special knowledge. Moral norms are the general guideline and does not involve
any direct severe (e.g, criminal) liability.
Here we are talking exclusively about the laws and moral
norms, not their instructions (e.g, sanitary standards). Rather the key
social rules are considered, close to the level of the constitution.
The following proposed law may well be very soon recuperate
life seriously - in particular, by the Registration revolution -
because we live in a hyper-dynamic society :)
Social rules
General recommendations
Clarity and brevity
A key goal - effective feedback
between the creator and the consumer of the
social rules
- how to create , and
the application
of the rules
- incidental,
but a very important goal - to radically reduce the dependence of society on the services
of professional lawyers
- we are forced
to depend on lawyers, as in the old illiterate depended on literate
- cult of
understanding must begin with cultivating
an
understanding of the social rules by every member of
society
- to make this
possible, the rules should be radically
simplified (paragraphs 1,2,3 below - it's a dream , described
at the beginning)
- A set of rules must
be such that a normal person would be able to know the rules
almost entirely (*)
- for example,
from a school
- The law should be brief
- say, should
take no more than a printed page
- A set of rules should be concise
- say, a list
of the rules should take no more than a few printed pages
Objectives of the rules
- stimulate the birth and education of children
(*)
- stimulate to
teach to create
- creator -
who
contributes to social wealth
- stimulate teachers
to teach effective creation (*)
- stimulate of
the creator by reputation, by rights, by income
- provide feedback from the professional
to the consumer
- customer -
who use services of a professional
- one of
the forms of such feedback - compensation
for damage caused by poor quality service or product (*)
- a single market is not
enough for that
- do not
forget about “loh”
and scams! J
- the dependence of the
professionals paid by society from the society
as a whole - not only through public
finance management, but also the requirement to report about the scope
and the results of work in a form that is clear for a normal
person
- policies are
considered as professionals competing for paid public positions,
at least from the time of participation in the struggle for power
Morality
- after getting help, help
another
- Good - through
me (Pass it!)
- Do not do to another that which
you do not want others to do to you
Laws
- Every law –
law direct
action
- it can be
directly invoked in court
- The law
should undergo examination that independent from authors of the
law
- for
compliance with the order of priorities
- for compliance with the
axioms
- on immunity to blast
- sufficiently
clear feedback in terms of potentially harmful side effects
- the
reflected inside it or through other laws
- Results of voting in elected bodies should become open (with an
indication of the agenda and the
personal identification of deputies) to provide feedback to the voters
- information
about voting the
person applying for re-election should be open before the start of the
election campaign
- more precise
conditions for open publication are determined by a separate law
- for example
- all the results should be open (available on the website of the
elected body) not
later than one year from the date of the vote
- A conflict of interest is not
allowed in the performance of social
roles
- The fact of
the conflict of interests shall identify and make known to the public
the object of the conflict. If there is a conflict of interest will
automatically become null and void the decision taken by the object
- Taxes from parents reduced after the birth of each child
- additional incentive to give birth
- additional help for families with
children
- Childless pay
a special tax on
childlessness (*)
- it should be
specified at what age (say 25 years)
- additional incentive to give birth
- additional
opportunity to help
children and families with children
- Taxes calculated
automatically
- declarations
on income sources (*) and
databases that track taxed transaction.
- Basic social benefits receive all
citizens (*), regardless of any additional conditions
- compromise
with creator with a clear purpose : to minimize social
tensions, without compromising the interest to work
- level of
payments can be significantly lower than
usual for the "welfare state"
- for
emergencies: items Food and spending the night
- "good"
law
- it is
clear, minimum of bureaucracy and no basis for corruption
- takes into
account the future (for example, employment revolution)
- The damage should be compensated
.
- by the criminal,
and if it is impossible (the perpetrator is not found, etc.), by state
- additional
(material) incentive for the society to prevent
crime and to
find criminals
- The damage
caused to the client in a process of the usual use
of product-services without violating the usual application
rules, must
be compensated by the manufacturer
(supplier)
- law
concerns, in particular, of producers (suppliers) of software
products and software services
- voluntary guarantee of compensation could be a competitive
(reputational) advantage
- whether the
use is familiar,
and whether it is consistent with the accepted rules,
decides to court
.
- "good"
law
- prevents to
theft of super-values - customer attention and time
- clear
- it provides
effective feedback
to the user
- The violence is permissible only in exceptional cases and only under the legal responsibility
- parents,
carers, guardians - in relation to
children and ward
- to an adult
- only the state using of authorized employees - by law or
statute
- Political Activities (*) is under the supervision of the testing institute (*)
- Crimes of the
special list (*) lead the offender out
of the law (*)
- " Good " law
- Takes into
account priorities: safety - a top priority
- based on facts-axioms:
- planning
horizon - for us and for the offender (*)
- the
monsters hardly have wished to schedule this case for themselves (*)
- no re-upbringing (*)
- want peace
- prepare for war (*)
- interests
– both ours and criminal’s (*)
- people
are different (*)
- minimum of
the state (*)
Charter policies
§ Deliberate lies is
unacceptable
§ Hiding
the facts in response to the direct question is inadmissible
§ Failure
to answer the question is admissible
§ Obviously
impracticable promise is a lie
§ Refuse
to answer a question relating to the implementation of the promises, is not
allowed
§ The
claim for public office should be supported by an experience of political
activity, in particular, experience in low-level positions
§ The
politician is obliged to provide private information any nature for the
institute of testing
Note. Political technology is also political activity.
Thus, the spin doctor is obliged by the charter policies, and its activities
are supervised by the institute of testing
Charter testing
institute (Institute of reputation)
- Participation
of the testing institute staff in politics is considered as a conflict
of interest
- Deliberate
lies by testing institute employee that proved in court is an usualogy
crime
- The test
results are automatically become public
Short laws (*)
This refers to the brevity of the formulation of
the law, without regard to the length of the explanation, comment, etc It
should be understood that the wording of the laws in practice can be brief only
under additional conditions. For example,
- It is
necessary to distinguish between the
formulation of laws and the definition of terms used in the law.
- Notions used
in the formulation of the laws, as a rule, have to be publicly accepted
(defined in the dictionaries and encyclopedias), i.e. their definitions
should not be a component of the law.
- For example,
the law can be formulated as follows: citizens must pay a tax of 15% of
their income.
- However, the
definition of "income a citizen" concept can span multiple
pages.
- The citizen
must be able to challenge in court the correctness of usage of the
concept of "income" to his case, if the state does not like
the way the citizen declares the sources of income.
Possible laws - only as a starting point for discussions on incentives to give
birth, good teaching, to contribute to the public welfare, etc. Perhaps life
will tell something significantly better, especially considering the
super-dynamic (reputation economy, gift economy, etc.)
- Parents are
entitled to parental
tax (*) from the income of their children
- additional
incentive for parents to seriously invest in increasing the income
potential of their children
- incentive to
solve the demographic problem in civilized countries
- minimizes
material conflicts between parents and children
- Teachers
(schools) are entitled to a teacher's
tax (*) from the income of their students
- additional
incentive for teachers to invest seriously in increasing the income
potential of their students
- additional
incentive for the separation of education from the state
- minimizes
conflicts between scientific supervisors and graduate students, etc.
- a similar law
could regulate and material relations of co-authors (not only in science)
- Only creators have the right (*) to
formulate the social
rules
Parental tax
The tax is levied on income of children in favor of parents
(say, 5% in favor of each of the parents)
- tax can be
expressed in the shares owned by the children of firms, in accordance of
the income declaration
- By the way, the inheritance tax
- a vivid example of the counterproductive (bad) law
- creates more
serious problems than supposedly "solves"
- narrow the planning horizon
- immediate
benefit from the increase in revenues in the treasury causes long-term
problems of the loss of respect to the law and to the legislator
- encourages
violation of the law on the part of law-abiding citizens
- "Cunning"
manipulation of family resources
- to avoid
of weaning funds that is completely unfair from the family
point of view - practically looting by the state
- actually - double
taxation of family that is forbidden in other cases
- an obvious
step toward leveling by the
detriment of family values
Teachers tax
The tax is levied on income students for
teachers (its size may depend on the educational situation of, say, 0.05% in
favor of each of the school teachers, 3% in favor of the supervisor of graduate
students) - tax can be expressed and in shares of firms belonging to students
Comment. Modern information technology makes natural
"learning how SERVIS", including
- cloud
technologies - the basis for distance learning and remote arbitrarily
arbitrarily poorly equipped technically pupils
- Modern
tablets instead of boards and notebooks
- distance
learning materials and learning tools (webinars and video courses)
instead of libraries and classrooms
- recognized
Internet community teacher (school network) instead of the traditional
school or university
- networking
certification centers for confirmation of qualification
- networking
centers for teachers' activity accounting
- the listed
- great for
the student and teacher "from God"
- dooms for
scrapping of traditional education system with a huge mass of weak
teachers
The tax on childlessness
People significantly depend on the demographic situation in
the society. If they do not want or can’t raise children, it is reasonable and
natural to tax these people to support those who are raising children.
Sources
of income declaration
The electronic form containing information about the
databases and access attributes to obtain data on transactions, that provide an
income taxable person (natural or legal)
Modern information technologies make natural rejection of the
declarations of actual income, using instead of them of the declaration of
sources of income
Individualism, human rights and
the role of the Court
- Individualism
as an ideology (human rights in particular) is contradictory in a deep
sense and potentially dangerous.
- The obvious
benefit of this ideology - in its early stages of development, when the
consequences are not be destructive.
- In
desperation (absurdly), which, as we now see, could be get in a very
simple way by the natural laws of development without feedback - the
ideology falls upon the same individual, whose rights are designed to
supposedly protect (it protects a right of a criminal instead of the
rights of the victim, the right of the state under the guise of law child
and parent, etc.)
- That is why
the law should be very simple and careful.
- No legislator
does not cover of complexity of the real world, in principle, and a
citizen can’t be guided by complicated laws in any case.
With all the complexities of the real world, especially considering the super-dynamics of our world, should deal independent court, not
necessarily the legislator.
This is quite realistic, if our legislation would be
supplemented by case-law that would help to avoid complicated laws.
Out of law
- The concept of
"Out of law" (as well as case law) - a possible answer on principal
impossibility to create "laws" so fast to keep up
with the demands of life, or rather, our super-dynamic society
- "Out of
law" means, that no damage for the person or organization that
legally outlawed, could be appealed in court
- state
"out of law" can be temporary or permanent
- temporarily -
for example, the invasion to foreign territory or aggression
- This state
is automatically terminated after the exhaustion of the main incident
(but possibly a criminal prosecution in a cpecific legal procedure)
- it can legally
become a permanent by a court order
- the offender
that legally declared "out of law" shall be punished not
by life imprisonment but exile, to the complete isolation from
normal society
- in conditions
where primitive life is possible
- but
- without communication with
the normal society
- without any kind of service from the normal society
- without the possibility of
contact with the opposite sex
- the most
important goal of the punishment
- severe and
at the same time the natural punishment for those who did not want to
live according to the laws of the society
- savings for
society on the content of those who did not want to admit laws of
society
- exception of
relapses and new victims
- society does
not assume the burden of responsibility for the death sentenced
- in
principle, possible to re-decide and to use of (quite reliable)
procedure of a return from exile if and when new circumstances could
appear
- an embodiment
(I emphasize, only an example of a possible approach to implementation):
tropical islands (separately for men and women)
- without
communication with the outside world and the possibility to float away
- to exclude
the possibility of escape - to throw by parachute, and in any case to
monitor the activity near the island by spacecrafts
A special list of crimes
- terrorism
- invasion
(intentionally!) into a private area
- usualogy
crime - attempt by an action to destroy of socially accepted way of life
- unprovoked aggression or attack
Basic income
It is quite old, but have not yet found a serious support
for the idea. However, recently in Finland (and some other countries) it is
discussed a seriously move in this direction - the project "basic
income".
As often happens with good ideas, the project was
immediately spoiled by a plan to appoint spouses "basic income"
substantially less than that would be alone.
At the same time the fighters for "justice", as
usual, do not see the obvious consequences of their "good intentions"
- instead of family support, procreation and respect for the law they in
reality creating worse conditions for the good families than for the lonely and
creating for schemers an additional incentive not to start a family, to
fictitiously divorce, not register a marriage, etc.
It is worth discussing, for example, whether a basic income
should be paid to all citizens, or, say, an adult only. It is important to
understand that the payment of a basic income to all obviously would
stimulate the birth rate - this requirement to the social rules, is
literally related to the survival of civilization
On the right and
responsibility
This wording is far from ideal. It is important not so much
to say about the creator, how much to emphasize the need
for a balance between the right and responsibility.
For example, as follows: "The right, especially
the right to control should be balanced by liability" or even
shorter "a right should be in proportion to responsibility".
- It is
unacceptable to own and not responsible for the use - right must be
proportionate liability
- you have a
right of control – you should be responsible ( child, job, house)
- Of course,
we have in mind not only the operational management, but possibility of
meaningful impact on management enshrined by the social rules