The Creative Common Law project was recently interviewed by Tom Woods on The Tom Woods Showthis past August 15th. It’s a super (super) fast introduction to our project. We are already happy to receive lots of feedback from new and familiar people involved in this movement.
This version implemented alot of the material from Ulex 1.1, including three portions regarding product liability, financial institutions, and contract law. Basically, ALI’s superior resources are used wherever CCL might potentially be deficient or simply says nothing in disputes – but only if those relevant portions don’t contradict CCL to begin with. Think of it as this: you’re building a house and have all the manufacturer’s specific materials to use. But you begin working and then realize something is missing. These portions in CCL basically say “go the lumberyard and get the standard materials, but only if they fit.” This prevents a huge amount of emendations for CCL down the road, and implements the best legal frameworks in existence without compromising CCL’s core (libertarian) principles.
A draft section on easements; it needs some work yet, but it’s generally in place.
Some procedures have been modified regarding settling disputes. Arbiters are required to implement “pendulum arbitration” when settlement through mediation fails – since it is the most effective procedure.
Also another caveat for arbitration: instead of going straight to subpoena if a defendant refuses to participate in arbitration for an aggression – aka by refusing to jointly choose an arbiter, they can choose to have their own arbiter choose with the plaintiff’s arbiter and third arbiter, who will then settle the case. This is a very effective method of judicial procedure since it mitigates arbitration bias.
“Addenda” are now “modules.”
Because of size, I also moved the entire definitions of “consent” to the chapter on contract law.
Also, provided an image of the degrees of consent (express – implied – hypothetical), and specific that CCL does not enforce hypothetical consent.
(The following is from our updated “Vision” page.)
CCL works like a voluntary association. What’s a voluntary association? Clubs, churches, academic societies, etc.
Consider the American Economic Association, an academic society for professors of economics. The Association has its own board, different types of membership, different rules, policies, and procedures for governing everything related to the association. Certain people can join (e.g., professors), and they can leave at any time for any reason (can’t afford it, don’t like it, etc.). Members agree to pay an annual fee to receive the association’s benefits (e.g., a hard-copy journal, free access to annual conference, voting privileges, etc.).
The CCL Network works the same way, only instead of being applicable to academic publications and a few conferences once a year, it applies to an entire person and their property, 24/7. It also allows disciplinary action (i.e., law-breaking or “aggression”) to involve physical force (e.g., detainment for trial involving theft). Furthermore, with CCL the association itself is decentralized. There is no governing board or democratic law-making bodies. Individuals specifically pay for Adjudicators and Enforcers to receive whatever level of benefits they want or can afford. The CCL text is the “law” – just like any other terms and conditions of a contract.