Version Updates

Updates to Definitions and Conflicts

The following changes were made to the universal definitions today:

Added definition of State: an entity claiming an exclusive right to make or enforce law that supersedes voluntary adoption of law or selection of law enforcement agency by any person, unless by written consent of said person.

Revised definition of Consent: agreement formed in the absence of coercion or fraud between two or more persons, none of whom lack rational capacity by reason of age or disability.

The following changes were made to Jonny’s universal conflict of laws:

Revised paragraph 4 by addition of the following sentence: “Any act purporting to adopt the law of a state is a nullity.”

These changes were made to clarify that state laws are beyond purview of consideration by VLSs.  This required adding a definition of “state,” which fed back into a clarification of “consent.”   The astute reader of the definitions will note that personhood is (and must be, to comply with NAP and EP) a factual question of rational capacity alone.  This may or may not fundamentally change parent-child law from present norms, depending to what extent  presumptions of personhood based on age are voluntarily adopted.  It is expected that different variations of such presumption would be adopted by different VLSs, and that a logical place for the variations to be stated in the HA would be under evidence law.  However, evidence is procedural and it is not certain that a rule of such substantive social import belongs in a procedural category.  Food for thought.

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