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The Axiomatic System 

 

 

Man

Axiom 1. (the "is")

Every individual possesses inner freedom (freedom of will).

Definition 1.

Inner freedom is freedom (ability, possibility) of an individual to independently choose what to want.

Axiom 2. (the "is")

Every individual wants to live a good life.

Corollary 1. (the "ought")

Only the individual himself can decide what is good for him.

Axiom 3 (the "ought")

The wish of every individual to have to good life is rightful (justified).

Definition 2.

Goal is a predictable, desirable and attainable state of affairs and men, achieved by an individual through certain means.

Definition 3.

Entity - the one possessing inner freedom - is a person (including man) or a body.

Definition 4.

Means are things, manipulations of which, and men, the actions of whom, lead to the achievement of a goal.

Definition 5.

Lifes goal is a supreme goal which an individual aspires to achieve.

Corollary 2. (the "ought")

No one has the right to determine an individuals life goal which he must pursue.

Society

Axiom 4. (the "is")

People are bound to live together.

Living together is the only possible form of mens existence.

Definition 6.

External freedom is freedom (ability, possibility) to act in society in this or that way in accordance with ones inner freedom in pursuit of this or that goal.

 

 

Axiom 5. (the "ought")

All men have equal rights to external freedom.

Axiom 6. (the "is")

External freedom of men should be restricted.

Axiom 7. (the "ought")

The external freedom of an individual can be restricted only by the requirement to secure the external freedom of other individuals.

Corollary 3. (the "ought")

No one can be used as a means to achieve somebody elses goal against ones will.

Axiom 8. (the "is")

Men are inclined to overstep normative boundaries of external freedom of other men and their own.

Axiom 9. (the "is")

All people are different.

Law

Definition 7.

Law is the external freedom provided for and restricted by a norm.

Definition 8.

Precept is an articulation of providing for and restricting external freedom.

Definition 9.

Norm is a precept targeted at an indeterminate circle of persons or meant for repeated use.

Norm is an articulation of providing for and restricting external freedom of an indeterminate circle of persons or meant for repeated use.

Definition 10.

Hypothesis is an element of the norm which describes the circumstances under which the given norm becomes effective.

Definition 11.

Disposition is an element of the norm which describes the providing for and restricting of external freedom.

Definition 12.

Rights are specific elements of law.

Rights are specific elements of external freedom provided for and restricted by a norm.

Definition 13.

Responsibility is a specific restriction of external freedom of one entity, which affords the exercising of the right of another entity.

Definition 14.

Responsibility of an individual is a specific restriction of his external freedom which affords the exercising of the right of another individual (men).

Definition 15.

Obligation is a responsibility independently and willingly assumed by an entity.

Obligation is a specific restriction of the entitys external freedom, independently and willingly assumed, for the purpose of ensuring the possibility for another entity to exercise its the right.

Definition 16.

Arbitrariness is a specific restriction of one entitys external freedom by another entity, which is not aimed to afford the exercise of the equal right or the one, which was not independently and willingly assumed by the entity.

Corollary 4. (the "is")

Every right of one entity implies the relevant responsibility of another entity (entities), and every responsibility of one entity implies the right of another entity.

Corollary 5. (the "ought")

Refusal by an individual from his element of external freedom, also provided for an indeterminate circle of persons, in favor of another person is not allowed.

Corollary 6. (the "ought")

No individual can be coerced to use any of his rights.

Corollary 7. (the "ought")

An individuals rights can never at the same time constitute his responsibilities.

Definition 17.

To provide external freedom means to declare it and secure the possibility of its implementation.

 

 

Axiom 10. (the "ought")

Everyone should be provided with maximum external freedom compatible with the same maximum of freedom of any other individual.

Axiom 11. (the "ought")

Any action, which is not stipulated by any norm and which is aimed at restricting anyones external freedom, is unacceptable.

Definition 18.

Sanction is an element of norm, which describes the consequences entailed by such infringement, and which are negative for the infringer of external freedom and originate from the implementing entity.

Axiom 12. (the "ought")

Every norm should contain a penalty for the infringement of the external freedom it stipulates.

Axiom 13. (the "ought")

Every norm should be articulated so that it could minimize the possibility of its misinterpretation.

Definition 19.

Endowed entity is a entity (entities) provided with a specific element of external freedom by the given norm.

Definition 20.

Restricted entity is a entity (entities) which has a principal possibility to violate the element of external freedom stipulated by the given norm and for which such violation is prohibited.

Definition 21.

Implementing entity is a entity (entities) which is obliged by the given norm to implement the element of external freedom stipulated by it.

Definition 22.

Legal interrelations are relations established between the endowed, restricted and implementing entities in the process of the effecting of a specific element of external freedom.

The State

Definition 23.

The state is an instrument employed by the society to organize co-existence of its constituent components - people, i.e., it declares and ensures their elements of external freedom.

Axiom 14 (the "ought")

The only raison dêtre (functioning) of the state must be to ensure the security of its citizens.

Definition 24.

Security of citizens is a possibility for each of them to exercise their rights in an unimpeded and independent way.

Definition 25.

Governing is an activity aimed at reducing the gap between the goal and the real state of things and people.

Definition 26.

Government of a state is competent actions of one category of entities of political power aimed at other categories of political power (the governed) that lead to the achievement of the states goal.

Corollary 8. (the "ought")

The only source of political power are the people populating a given territory.

Definition 27.

Power is the right of a competent entity to provide for and restrict the external freedom of the dependent entities.

Definition 28.

Competent entity (an entity invested with power over the dependent entities) is an entity which has the possibility to enforce its percept.

Definition 29.

Dependent entity is an entity which can not refuse to perform a percept of a competent entity without being penalized.

Definition 30.

Political power (state power and local self-governance) is power exercised on the given territory my means of law and direct percepts stemming from it.

Axiom 15. (the "is")

The State is made up of bodies and officials.

Corollary 9. (the "ought")

Any kind of political power should be provided for and restricted by law.

Corollary 10. (the "ought")

For any citizen everything that is not prohibited by law is allowed; for bodies of political power and state officials everything that is not stipulated or allowed by law is prohibited.

Axiom 16. (the "is")

Entities of political power are made of people.

 

 

Definition 31.

An official is an entity of political power - a person who has the right to influence the external freedom of another person (people).

Corollary 11. (the "is")

Every entity of political power is inclined to overstep the boundaries of external freedom established for him by law.

Axiom 17. (the "ought")

Rights and responsibilities of the entity of political power should concur.

Corollary 12. (the "ought")

Political power should be maximally dispersed.

Corollary 13. (the "ought")

Political power should be divided (dispersed) according to functions and levels.

Axiom 18. (the "ought")

In functional terms, political power should be divided into legislative, executive, judicial and supervisory.

Corollary 14. (the "ought")

Judicial power shall consider ad rem any appeal of a citizen related to any kind of impeded possibility of his exercising any of his rights.

Corollary 15. (the "ought")

Political power in the state should be divided between the levels in such a way that powers be exercised by the competent entity which is immediate to the citizens.

Axiom 19. (the "ought")

Taxation.

Definition 32.

Democracy is a polity where all the citizens have a real possibility to exercise their equal rights to govern the state.

Axiom 20 (the "ought")

The possibility for the majority to take arbitrary decisions should be limited - the decisions that are not aimed at ensuring the possibility of implementing the rights that are equal to other peoples rights are unacceptable.

Corollary 16. (the "ought")

All citizens have equal rights to govern the state.

Corollary 17. (the "ought")

All citizens have equal rights to govern the state either directly or through their representatives.

Corollary 18. (the "ought")

Every citizen should be guaranteed the possibility to, in association with the previously established number of supporters, direct their representative to any body of political power created on the electoral principle.

Definition 33.

A constitutional state is a state the legal system of which provides each citizen with maximum external freedom compatible with the same maximum of external freedom of every other citizen.

Legal system

Axiom 21. (the "is")

Laws (norms) are observed by people either under coercion or willingly.

Axiom 22. (the "is")

Voluntary observation of laws (norms) by people is preferable.

Corollary 19. (the "ought")

A legal system should be created so that it will encourage an individual to willingly observe laws (norms).

Corollary 20 (the "ought")

Laws (norms) can require an individual to abstain from unlawful actions and they can not require any action other than to pay taxes and also to carry out what he has voluntarily committed himself to.

Definition 34.

Legal act is a written document containing a percept.

Definition 35.

Normative legal act is a legal act containing a norm.

Definition 36.

Law is a normative legal act adopted by a legislative body of political power of a certain level.

Law is an articulated in writing provision and/or restriction of external freedom aimed at an indeterminate circle of persons or meant for repeated use and adopted by a legislative body of political power of a certain level.

Corollary 21. (the "ought")

The system of normative legal acts of every level of political power should have a hierarchical structure: Constitution, opinion of the referendum, law, other legal acts.

 

 

Axiom 23. (the "ought")

A legal system should not contain mutually contradictory (mutually excluding) norms.

Corollary 22. (the "ought")

Of two or more legal acts regulating one and the same legal interrelation applied should be (in order of priority) the legal act which is either issued at the level for which the Constitution reserves the right-responsibility to provide for and restrict the element of external freedom constituting the content of the legal act, or the legal act of a higher hierarchical grade, or the one of a later issue.

Definition 37.

The legal system of the state is a body of norms laid down in an hierarchical system of normative legal acts adopted by political power.

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