Constitutional Conflict-Solving

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Molaskes
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Constitutional Conflict-Solving

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Post by Molaskes »

The following is a selection of those parts
of the Constitution of the Democratic World
that are most relevant for the ASec CS:


Preamble

In order to build, and maintain for all time, a social system that without coercion, without violence, and without manipulation enables all human beings to have a life that can last as long, and contains as much pleasure and as little misery, as is possible by all practicable means, realized by a real democracy that gives every human being the greatest possible self-determination, and in which all human beings, freely and fully equitably, govern their joint life on all societal levels by reliable, comprehensively effective self-administration in full self-responsibility, and in order to overcome, without coercion, without violence, and without manipulation, all existing worse social orders as quickly as possible and unstoppably, avoiding all avoidable risks, and to render absolutely impossible the resurgence of worse social orders, this Constitution has been developed in decades-long, completely independent, universally scientific work, motivated solely by the goals mentioned in this preamble.


Article 1 — Ambit

(1) This Constitution applies with immediate effect to every person who, in a language they for this purpose sufficiently master, has perceived it in its entirety, has to their own judgment sufficiently understood it, and approves of it, for as long as they approve of it. That person is then considered part of the Democratic World according to this Constitution.

(2) A person for the purpose of Paragraph (1) is in case of doubt every being that, as an individual, claims to be a person.

(3) This Constitution does not automatically render ineffective any competing social orders, especially when they resort to violence, for instance in the form of a police, to force themselves upon each person they consider their property (“citizenship”) against the person’s free will. Overcoming such hostile social orders is dealt with in Article 12 Paragraph (7) and Article 13.


Article 2 — Basic Societal Structures

(1) All persons that according to Article 1 are part of the Democratic World, organize themselves [...] in Democratic Communes, associations of each not considerably fewer than 200 and not considerably more than 1000 members who organize their everyday life directly together.

(2) As long as persons that according to Article 1 are part of the Democratic World cannot with practicable effort find or form a suitable Democratic Commune according to Paragraph (1), they alternatively organize themselves in Democratic Groups, associations of each not fewer than 12 and not more than 50 members whose primary goal it is to found together with other Democratic Groups a Democratic Commune according to Paragraph (1), and who already follow this Constitution as far as possible to practice self-administration of their everyday life.

(3) As long as persons that according to Article 1 are part of the Democratic World cannot with practicable effort find or form neither a suitable Democratic Commune according to Paragraph (1) nor a Democratic Group according to Paragraph (2), they alternatively organize themselves as soon as possible in Launch Cores, associations of each not fewer than 2 and not more than 11 members whose goal it is to add further members in order to form a Democratic Group according to Paragraph (2).


Article 3 — Higher Societal Structures

(1) A neighborhood of abidingly closely cooperating Democratic Communes according to Article 2, whose combined membership size is not considerably lower than 4000 and not considerably higher than 20,000, can form a Democratic Association, if they each do not already belong to one.

(2) A neighborhood of abidingly closely cooperating Democratic Associations according to Paragraph (1), whose combined membership size is not considerably lower than 80,000 and not considerably higher than 400,000, can form a Democratic Union, if they each do not already belong to one.

(3) A neighborhood of abidingly closely cooperating Democratic Unions according to Paragraph (2), whose combined membership size is not considerably lower than 1.6 million and not considerably higher than 8.0 million, can form a Democratic Region, if they each do not already belong to one.

(4) A neighborhood of abidingly closely cooperating Democratic Regions according to Paragraph (3), whose combined membership size is not considerably lower than 32 million and not considerably higher than 160 million, can form a Democratic Federation, if they each do not already belong to one.

(5) The combined membership size for the purpose of the Paragraphs (2) to (4) is the combined membership size of all the Democratic Communes contained within.

(6) The higher levels according to the Paragraphs (1) to (4), and the Democratic World Community according to Article 4 only serve to increase the performance capabilites and crisis security of society, and to strengthen the autarky of the levels below them, they however may at no time curtail the self-determination and autarky of the levels below them. This Constitution is for all time the only universally binding law within the Democratic World Community according to Article 4.


Article 4 — The World Community

All basic and higher societal structures according to Article 2 and Article 3 respectively are at any time united in the Democratic World Community.


Article 5 — Self-Administration / Real Democracy

(1) All societal entities, that is all instances of basic or higher societal structures according to Article 2 or Article 3 respectively and the Democratic World Community according to Article 4, each are administrated by, freely and fully equitably, all their basic level’s members (individuals) via Administrative Sectors wherein each of their basic level’s members at any time has full equitable say and powers, which they can exert as long as they officially, according to Paragraph (7), declare themselves to be one of its managers.

(2) Each societal entity according to Paragraph (1) uses at all times at least the three Administrative Sectors “System Performance” (see the Paragraphs (6) and (7)), “Education” (see Article 6), and “Conflict-Solving” (see Articles 7 to 9).

(3) Disputes within Administrative Sectors according to Paragraph (1) are settled by them internally with the goal of collective competency development, so that in the end there will stand a solution or decision that all involved managers with conviction deem the factually best one. Neither may majorities simply overrule minorities, nor age, experience, dominant conduct, or extroversion simply overrule younger age, less experience, gentleness, or introversion.

(4) All Administrative Sectors according to Paragraph (1) can each define for themselves types of decisions that be “subject to approval by all”, in which henceforth all of its managers must be involved that with practicable effort can be included within an availability period defined for that type of decision, or if such a period has not been defined, within 48 hours.

(5) Disestablishing for a particular type of decision the status of being subject to approval by all as defined in Paragraph (4) is for all Administrative Sectors mandatorily a decision subject to approval by all within the meaning of Paragraph (4), and can itself never be disestablished.

(6) The Administrative Sector “System Performance” according to Paragraph (2) decides for its societal entity which further Administrative Sectors will be needed besides those given in Paragraph (2), and defines their tasks [...]

(7) The Administrative Sector “System Performance” according to Paragraph (2) keeps a list for each of its societal entity’s Administrative Sectors with all their current managers according to Paragraph (1); any basic-level member of its societal entity according to Paragraph (1) can at any time (but not more often than twice per day and five times within twenty days) officially declare themselves towards the Administrative Sector “System Performance” to be henceforth a manager of any Administrative Sector or Sectors from that list, or to withdraw that status respectively, upon which the Administrative Sector “System Performance” updates the list accordingly.

(8) All managers of an Administrative Sector according to Paragraph (1) serve all members of the societal entity according to Paragraph (1) as contact persons for that Administrative Sector, which is to be ensured by the Administrative Sector “System Performance” according to Paragraph (2).


Article 6 — The Educational System

(1) The Administrative Sector “Education” according to Article 5 Paragraph (2) ensures the best possible education of all managers of its societal entity according to Article 5 Paragraph (1) [...]


Article 7 — The Conflict-Solving System

(1) The Administrative Sector “Conflict-Solving” according to Article 5 Paragraph (2) ensures with the greatest possible comprehensive competency that conflicts of any kind be solved as best as possible, where they exist or arise within its societal entity, or between it and other parts of society or of the environment, when either asked to do so, or when its intervention seems to be called for out of ethical concerns. And it develops methods for avoiding such conflicts, and teaches them to members of its societal entity, whenever and wherever there is need for that.

(2) Conflicts for the purpose of Paragraph (1) include firstly disputes, violence, coercion, or momentous manipulation
  • within or between Administrative Sectors according to Article 5 Paragraph (1),
  • between members of the societal entity, where no member entity of a lower level according to Article 3 is already responsible for it, and capable to handle it,
  • and between members of the societal entity and parts of society that are not part of the Democratic World according to Article 1, where no member entity of a lower level according to Article 3 is already responsible for it, and capable to handle it.
(3) Conflicts for the purpose of Paragraph (1) include secondly any other grave unethical actions by members of the societal entity, where no member entity of a lower level according to Article 3 is already responsible for it, and capable to handle it. Unethical actions for the purpose of this paragraph are in particular the intentional, or with reasonable effort avoidable, infliction of stress, injury, or death upon any kind of being that usually, when it is not hindered to do so, will react to similar stimuli or threats by retreat or defensive action, except for actions that seem necessary to save, or that in all likelihood will significantly improve, the life of the patient.

(4) Conflicts for the purpose of Paragraph (1) include thirdly any violations of the rules of this Constitution, where they fall into the scope of the societal entity.

(5) For basic societal entities according to Article 2, conflicts for the purpose of Paragraph (1) include furthermore
  • disputes, violence, coercion, or momentous manipulation involving children, cohabitants, and/or guests of the societal entity,
  • grave unethical actions according to Paragraph (3) sentence 2 where they involve children, cohabitants, and/or guests of the societal entity,
  • and all kinds of intrapsychic conflicts (psychological problems) of members, children, or cohabitants of the societal entity.
(6) In all their work according to Paragraph (1), the Administrative Sector “Conflict-Solving” respects, protects, and cultivates the dignity of all the involved parties without any exceptions. Besides ethics, peace within the societal entity, and securing the constitutional order, this is its highest priority. For this purpose, it uses or increases first of all the own competences of all the involved parties.

(7) To end violence or other potentially gravely harmful actions, the Administrative Sector “Conflict-Solving” according to Paragraph (1) can use any means that in all likelihood will have less serious consequences for all the involved parties than the action that shall be thus ended, and will try to use the mildest means that can be used under the circumstances with practicable effort and at reasonable risk.

(8) Conflicts according to Paragraph (1) where the Administrative Sector “Conflict-Solving” is involved in itself, shall be handled by the Administrative Sector “Conflict-Solving” of the next higher societal level according to Article 3 or Article 4, or if there exists no entity for that, alternatively by any other societal entity’s (according to Article 2, Article 3 or Article 4) Administrative Sector “Conflict-Solving” that is likely to be capable of it, and is called for help accordingly.

(9) As the last resort of Conflict-Solving according to Paragraph (1), except for cases where Article 8 must be applied, the Administrative Sector “Conflict-Solving” can recommend to split up the societal entity, or to expel a societal member entity, or, for basic societal entities, to expel an individual member, about which the Administrative Sector “Conflict-Solving” and the Administrative Sector “System Performance” according to Article 5 Paragraph (2) must then decide jointly together as a decision that is mandatorily subject to approval by all within the meaning of Article 5 Paragraph (4).


Article 8 — Dealing With Dangerous Individuals

(1) For ethical and strategic security reasons, the Administrative Sector “Conflict-Solving” according to Article 5 Paragraph (2) can, to protect the societal entity and/or the environment, restrict, with the mildest possible method that serves the purpose at a practicable effort, the freedom of intransigent violent offenders, or intransigent offenders who committed another grave harmful action, for as long as the Administrative Sector “Conflict-Solving” considers them to be a serious threat.

(2) The freedom restriction according to Paragraph (1) shall be motivated and characterized solely by ethics; any “punishment” is illicit, for it itself would be conflictful.

(3) The offender restricted according to Paragraph (1) shall quite continuously be counseled psychologically by the Administrative Sector “Conflict-Solving” according to Article 5 Paragraph (2) with the goal of their full ethical (re-)habilitation, as long as this seems possible with practicable effort.

(4) When a freedom-restricted offender according to Paragraph (1) so desires, they can be transferred to another basic societal entity whose Administrative Sector “Conflict-Solving” according to Article 5 Paragraph (2), having studied the case comprehensively, has decided about how they would treat the offender and has communicated this decision to the offender bindingly. Each freedom-restricted offender according to Paragraph (1) can for this purpose have their case examined by any, but per year not more than 15, different basic societal entities, through their respective Administrative Sector “Conflict-Solving”, if the latter can hear in person both the offender and their restricting Administrative Sector “Conflict-Solving” with practicable effort.

(5) Banishing an offender according to Paragraph (1) from the Democratic World is not an option, for ethical and strategic security reasons.


Article 9 — Investigating Grave Harmful Actions

After grave incidents that possibly were caused by some non-accidental harmful action, the Administrative Sector “Conflict-Solving” according to Article 5 Paragraph (2) tries its best (if necessary involving other Administrative Sectors according to Article 5, and/or other societal entities according to Article 2 or Article 3) to elucidate the incident as quickly as possible as correctly as possible, and, where applicable, to identify the offender or offenders in order to work through the case together with them, and if necessary to restrict their freedom according to Article 8.


Article 10 — The Cooperation System

Each basic or higher societal entity according to Article 2 or Article 3 respectively can entertain temporary or permanent cooperative relations with any other entity of the same type on the same level, wherefore it can maintain a distinct Administrative Sector according to Article 5 Paragraph (6).


Article 11 — Domestic Economy

(1) Within the Democratic World Community according to Article 4, every person who according to Article 1 is part of the Democratic World shall always act adhering to real cooperation by never forcing nor manipulating others into complying with what they wish those others to do, and by only complying with the wishes of others where approving of the desired action as such itself.

(2) Any forms of trading (I/we will do X for you, if you will do Y for me/us) violate the principles of real cooperation according to Paragraph (1) and are therefore impermissible within the Democratic World Community according to Article 4, where any use of money as ritualized trading is to be treated as a particularly momentous violation according to Article 7 Paragraph (4).

(3) All persons who according to Article 1 are part of the Democratic World attentively observe the biological and social needs of all human beings that are in their environment, or who they otherwise encounter, or with whom they otherwise have contact, regardless of whether these too are part of the Democratic World, and will proportionally to the assumed urgency of help, as far as it is practicably possible and is not refused by the other party, strive to support them in fulfilling these needs.


Article 12 — External Relations

(1) External relations for the purpose of this Article are all actions and measures by parts of the Democratic World according to Article 1 and Article 4 that relate to parts of other social orders, or to such a social order as a whole, regardless of the geographical location in which they take place.

(4) The risk of violent assaults, encroachment, or other grave harmful actions committed by parts of other social orders should at all times be minimized strategically by each societal entity according to Article 5 Paragraph (1), among other things by outwardly following any rules such social orders explicitly or implicitly demand, especially also against rules of this very Constitution, as far as this reasonably seems necessary, while cleverly preserving as many freedoms within the societal entity as is practicably possible.

(5) In cases where according to Paragraph (4) other rules of this Constitution must necessarily be violated, Article 7 Paragraph (4) must not be applied. However, the Administrative Sector “Conflict-Solving” according to Article 5 Paragraph (2) can contest the responsible party’s judgment of necessity, which must then be re-examined as soon as practicably possible in a decision process equalling that described in Article 5 Paragraph (3), involving both the responsible party and the Administrative Sector “Conflict-Solving”, during which Article 7 Paragraph (4) will again be in full force without exception for the disputed case.

(7) Especially as long as there exist hostile social orders according to Article 1 Paragraph (3), each societal entity according to Article 5 Paragraph (1) should maintain according to Article 5 Paragraph (6) an Administrative Sector for public relations that as effectively and quickly as possible counteracts any hostile attitudes or feelings against its societal entity or the Democratic World according to Article 4 as a whole, and that furthermore as effectively and fast as possible motivates more and more parts of other social orders to become part of the Democratic World according to Article 1 themselves.

(8) Also in external relations, the Democratic World according to Article 1 Paragraph (1) uses no coercion, no violence, and no manipulation in the sense of the malicious use of psychological or sociological tricks to the detriment of the other party.


Article 13 — Transformation Provisions

(3) Should another social order according to its own rules (such as provisions of its own constitution) declare itself dissolved, and a large number of persons in conjunction with this become a part of the Democratic World according to Article 1, then in order to avoid chaos and emergencies, a transitional period is to be observed, marked by ethical, economic strategy, and security strategy considerations, in which the rules and structures of the old social order at first are adopted completely as they had been, and within three years, as quickly as it is practicably possible for each, and as it is ethical regarding all the involved parties, are replaced by the rules and structures of the Democratic World according to this Constitution here. Former parts of the dissolved other social order that are not yet part of the Democratic World, as quickly as possible are to be given the opportunity to themselves become part of the Democratic World according to Article 1.


Article 15 — Constitution Translation Rights

(2) In cases of doubt, the English version is to be used as the reference for interpretations of provisions of this Constitution
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