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Natural Social Contract Annotations

Permission - Sometimes Not a Contract

The reader will only be able to understand the purpose and meaning of this annotation and its relationship to the Natural Social Contract (NSC), if s/he has first read the Introduction section of the NSC and its explanatory and elucidating annotation.

1) Even though I strongly urge that most understandings between Freemen which involve Exchanges of Values should be recorded as Valid Contracts (for mutually assured clarity, if for no other reason), because of the effort involved1, there will always be simple things that will be done in an unrecorded fashion by the use of verbal Permission or even recorded, but without all the Requirements of a Valid Contract. Clearly, this practice is fraught with the potential for dispute unless the participants have good will, diligently attempt to achieve a common understanding and are prepared to take the chance that any Values involved may be lost as a result of not using a Valid Contract. The practice of Exchanging Value without a Valid Contract has a risk of loss precisely because there is no formal process available under the NSC for the adjudication of any resulting disputes. Furthermore, because of the lack of an objective record of the understanding it is not clear how any objective adjudication could be made (which is precisely why such agreements are not adjudicatable under the NSC, since the NSC is designed to not replace, interfere with or usurp the Freedom of subjective judgments of Freemen). Note also that the risk of using Permission instead of a Valid Contract works both ways, since the person receiving some Possession without a Valid Contract may have no objective proof that he has not Stolen it, and may be subject to a Charge of Theft by its Owner (who may still have objective proof of Ownership).

2) After initially defining Permission strictly for the purposes of Exchanges of Value which are not made under the terms of a Valid Contract (such as a simple invitation to enter one's Real Estate), I realized that the ideas involved have merit and usefulness also as special kinds of Valid Contract Stipulations. Therefore, the definition was enlarged to include that meaning. Where a Permission is actually part of a Valid Contract, then, Terms and Withdrawal are also special kinds of Stipulations and Termination Clauses within such a Contract.

1. Given the Liberty and the purpose to create them, the ingenuity of Freemen will most likely make Valid Contracts much easier to use than currently appears to be unavoidable from the apparent complexity of their form. For example, one can envisage standard purchasable kits containing forms to cover many common categories of circumstances, together with multiple approaches to the various sections and additional instructions for special circumstances.