Laws & Freedom: Abstract

From Liminal State
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It may be surprising to some that many nations currently have jurisprudence originating in medieval precedence, from works such as the Magna Carta, Bible or Quran, or even based on the Code of Hammurabi. Over time these laws may stop being enforced, their meaning redefined, or they could be capriciously enforced anew for nefarious reasons by elites as they dictate their preferences onto society.

The Liminal State instead deconstructs these sources, takes lessons from history, philosophy, and even evolutionary psychology, and ultimately asks “what do we really need to coexist in a modern society?” In essence, the Liminal State starts with a blank slate and builds up; using a unique and far more equitable method among existing democracies for creating new laws and and shaping our communities.

To begin with, the laws ensuring universal equality and basic freedoms, those expected of any modern society, are set from the start and are immutable. Communities then decide for themselves what additions they wish to make within this framework, while the Liminal State focuses on those aspects of governance that fall outside the scope of social issues. While there is some gray area here, this generally means that the Liminal State will maintain infrastructure and the regulations affecting the economy, business practices, etc., while the citizens will shape the laws that impact their local communities based on their own values. The only ongoing role of the Liminal State in regards to social matters is enforcement of those laws as communities pass them.

This philosophy makes the Liminal State the only government intentionally designed from inception to accommodate vast populations with unique perspectives and cultures, and perhaps therefore the only governmental structure that could ever work at an international level.

Aspiration

At the highest level of the Liminal State, all people start with complete freedom. Laws are then passed to restrict these freedoms in the most limited ways possible, until there is an ideal balance between freedoms and the limits on those freedoms, and a balanced social construct has been reached where all citizens can live and work together in this healthy and productive society.

Fundamentals

Because this approach is taken, laws affecting citizens may never target only a portion of the population, overtly or covertly.

For example, "men may not get tattoos" is not be allowed because it singles out men, though "tattoos are forbidden" would be lawful.

Even if a law uses other language that doesn’t overtly target a specific group, but would by virtue of the way the law was written or enforcement would require, that would also not be allowed. Even in situations where the law is written broadly but would in practice disproportionately affect a subset of the population, it would not be allowed.

For example, “no one with a 'Y' chromosome may get tattoos” would not be lawful.

While tattoos could theoretically be outlawed, in the Liminal State laws may only be implemented using the 80% rule. This means that 80% of voters, which makes up 80% of the eligible population, would be required to vote in favor of this law to limit this freedom.

It may seem unlikely that 80% of a voting population would agree on anything, but this highlights the greatest difference and benefit of the Liminal State. Only very common sense laws that the widest portion of the population support should be applied to the whole population.

If, for example, there is a really important rule for a small portion of the population, but not enough to reach the 80% threshold at the national level, then that portion of the population could coalesce at a lower level within the Liminal State, such as a state, district, or city to implement this change. Wherever 80% of the population within a political boundary might agree with this restriction on their freedoms, it could be implemented.

While the Justice Branch of the Liminal State first ensures all potential laws meet a minimum legal standard before there is ever a vote, there’s nothing like a Supreme Court that could overturn existing laws. The Liminal State is truly a government by and for the people, and that means that the people’s votes truly and directly determine the rules of the land, and only by popular vote among citizens can a law be enacted or removed.

The key understanding here is that smaller groups of citizens may have specific freedoms they would like to forfeit for their community. Instead of having to fight for the most important laws to get passed at the national level, where half of the population will then immediately work to reverse it, citizens can mold their communities the way they see fit for themselves and their neighbors.

This is how people are provided the freedom to live the lives they want, based on their values, while allowing other citizens to live the lives that they want. It’s an ideal compromise; getting to live life the way you truly desire, and only giving up the ability to force others to live that same way.

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