Update 11-01-sovereign-contagion-and-biohazard-law.md

This commit is contained in:
wellspringcp
2021-02-06 16:06:44 +11:00
committed by GitHub
parent 223e726317
commit f7c2d39146

View File

@@ -1,25 +1,37 @@
# Wellspring: Sovereign Contagion and Biohazard Law (`SovCBIO`)
# Wellspring: Sovereign Contagion and Biohazard law:
> [TODO: Clarify what "precedence" here means.]
`SovCBio` law takes precedence over `SovWI` law, which takes precedence over `SovHOA` law.
## Justification: why is `SovCBio` law needed?
## Reasons for and principles behind `SovCBIO`:
Private property secures conscious agents against interference and ensures that they can exercise their liberties (capabilities) without fearing violence, duress and fraud from other conscious agents because conscious agents can be rationally deterred from volitionally infringing on liberty through the using frameworks of incentives and disincentives since conscious entities respond to such frameworks out of self interest.
### Reasons for `SovCBIO`'s necessity: Rate at which market equilibrium is reached may be too slow.
However, nature sets herself up as a universal antagonist that afflicts conscious life and interferes with their liberty relentlessly - and nature, being (to our knowledge) unconscious, cannot be subjected to a incentive framworks since it cannot rationally grasp its own self interest. With no uncertainty though, nature is a clear, persistent, and unrepentant offender against life and property.
A free market promises that effectual demand will ***eventually*** be met with profitable supply. Whether the eventuality is realized quickly or slowly is up to the reality of productivity in the economy. In the case of communicable diseases however, especially those which cause non-trivial damage to the body quickly enough to outstrip the pace of research/production to treat them, it may be justifiable for the government to step in and impose measures to contain the spread of the disease/pestilence/biohazard to ensure that the non-trivial damage caused by the disease is not inflicted on new individuals who would otherwise have been spared.
When nature embodies its mischief in the form of contagions (disease, pestilence) and biohazards, the contagions themselves do not obey our laws or respond to rational disincentives either. Therefore, a perfectly well meaning, rational conscious entity who observes the principles of non-interference may become a vector of infection since the contagions which have hijacked him, do not observe those principles and cannot be reasoned with. Then, being infected with a contagion, that conagent can now infect other conagents.
### Principles behind `SovCBIO` law:
We cannot enforce laws against the contagion or biohazard itself. We can only enforce laws against the contagious individual, and against the conscious owning agents of natural resources who can be enlisted to consider it to be in their rational self interest to control the spread of contagions/biohazards through the law.
The guiding principles for deciding which communicable diseases may require government intervention are these:
Under normal circumstances, an individual has the right to unimpeded use of his capabilities as long as they don't impede another conagent's ability to exercise theirs. However, when an individual is hosting a contagion, ordinarily non-intrusive actions which would normally not constitute an act of aggression/impingement against another individual, do take on the embodiment of harm since they would communicate the contagion, and thus impose harm on another conagent.
## We cannot control nature's impositions of disease, but we can control humans' impositions of disease.
Through no fault of the contagious host, actions which would normally be their prerogative by right, become actions which are an infringement on the liberty of others.
We cannot make nature subject to our human laws and command it to stop inflicting disease on humans. But we can issue laws to human beings and hold them accountable for introducing new diseases. We already deal with nature's impositions everyday. We do not need to also be battling against humans synthesizing new diseases and introducing them into the population.
The `SovCBio` law represents a recognition of this fact (as stated in the "Definition of private property" in the "Principles" document of this constitution), and it subsumes under itself, all laws which govern contagions and biohazards.
Research into and experimentation with disease (both biological and digital) may need to be declared to and registered with the government and forced to be open processes, and the equipment required to carry out such activities may need to be controlled as part of `SovCBIO` law.
## Scope, purpose and limitations:
## Compliance with `SovCBIO` law:
The `SovCBio` law represents an area of discretion where politicians can opportunistically grant themselves new powers based on hazy reasoning. For that reason, we want to define clear, limiting principles around its purpose and scope.
Natures owners must prove ability to front certain capital reserves for keeping up to date with SovCBio law, at point of purchase and anytime thereafter or they lose title after a 3 month grace period if not satisfied within that time. It is acceptable to use loans to satisfy this reserve requirement, or it may be a joint contribution satisfied by the owner and tenants, etc. This is similar to the incompensable harms lawsuits for actions, except applied to SovCBio, and it has to do with future ability to comply with legislation rather than future ability to compensate harms. In a sense it's like an uncollected tax - the tax remains under the stewardship of the owner and is unspent.
- The extra limitations imposed upon contagious conagents for the duration of their infectiousness, which include:
- The extra positive injunctions of due diligence laid upon contagious conagents for the duration of their infectiousness -- the neglect of which may be made to constitute negligence at common law.
-- Injunctions against knowing carriers of a contagion.
-- Injunctions against the general population for due diligence in the face of a contagion which is contagious before it triggers symptoms/clinical features and which therefore can be spread by an unknowing carrier.
- General and per-disease legal standards for what combinations of symptoms and/or clinical features constitute prima facie presumed knowledge upon the contagious conagent about its infectious state, in order to mediate intent at common law, when a conagent is accused of infecting another conagent.
- The broader, extra labour required to proactively counter-act nature's mischievous intrusions into human life and keep contagions and biohazards at bay within populated areas.
- The broader, extra labour required to control the communication of contagions and biohazards when they do arise.
`SovCBio` law is not to be used for any other purpose whatsoever. An ***inexhaustive*** list of goals that `SovCBio` law is adamantly ***not*** intended to pursue is:
- Increased access to healthcare labour and services for any class or group through government action/intervention.
- Mandatory medication or vaccination of indepagents. Under no circumstances shall government have the authority or power to forcefully medicate any indepagent. Animals and other depagents may be forcibly medicated/vaccinated, etc, however.
- Government-contrived eugenics/cosmetics plans and schemes.
-- Private citizens however, have the right to pursue any cosmetic modification to their own body and property as long as such modifications do not pass along to offspring.
-- In the field of genetic engineering and its peer fields, for example, this might be expressed in law as a ban on germ-line editing, while leaving somatic cell line editing free.