Article proposition - Freedom of contract

MortenMorten Posts: 27 Jr. Member - 1/5 EOS Tokens

Purpose
The purpose of this article is to clarify the relationship between the constitution and the other ricardian smart contracts on the platform.

The purpose of this article is also to protect individual autonomy, promote personal responsibility and ensure the freedom to contract.

Article Text
In case of conflict between the constitution and a ricardian contract entered into by voluntary contracting parties, the ricardian contract shall take precedence between the voluntary contracting parties.

Commentary on Article
This article establishes that a particular contract entered into by voluntary parties should be superior to the constitution in case of conflict. This superiority only applies between the contracting parties and can not be enforced on involuntary third parties.

The article allows users on EOS to create their own enclaves with their own particular rules, even if those rules are in opposition to the constitution. These enclaves can exist in so far as they do not infringe on the constitutional rights of third parties who has not voluntarily joined the enclave.

Example 1:
Voluntary parties create a DAC where intentional false statements are allowed under certain circumstances.

One can for example imagine many online games where bluffing an misrepresentation are inherent and accepted parts of the game. In a decentralized mmorpg lying and deception between opposing teams can be an important part of the game dynamics.
Playing online RISK it is often considered within the rules of the game to make a truce in bad faith and subsequently break it. In an online poker dapp, the players might find it acceptable for a player to misrepresent his hand on the chat to mislead his opponent.

This proposed article protects the voluntary parties from being penalized for breaking the constitutional article against lying, as long as they only lie to each other within their own enclave.

Lying to parties outside the particular enclave would still infringe on the involuntary third parties constitutional rights. This is ensured by the article stating that:_ " the ricardian contract shall take precedence between the voluntary contracting parties"

Example 2:
Voluntary parties join a decentralized virtual world where the rules state that a purchaser who has purchased stolen goods in good faith, and has done his due diligence, will be the rightful owner of the stolen property.

One can imagine someone steals a virtual sword and sells it to a reputable vendor. An honest purchaser buys the sword in good faith, having done his due diligence. In this particular virtual community the purchaser would have legal title to the sword, and the original owner would be forced to seek reparations from either the thief or vendor. The original owner would not be able to invoke his constitutional right to property in a conflict with the purchaser, since he voluntarily forfeited this right by joining the virtual community.

Such a rule could be seen as beneficial in a particular virtual world to ensure trust in commerce.

If the stolen sword was somehow stolen from someone outside the particular virtual community, the original owner would still have legal title.
The original owner would in this case be able call upon his constitutional right to property according to the proposed Article II. In this case, the original owner would not have forfeited his right to property since he did not voluntarily join the virtual world.

Example 3:
Voluntary parties agree on making a DAC where decisions are made by voting. The parties agree that vote buying is accepted within the DAC.

Example 4:
Voluntary parties agree that for their particular smartcontract, code will be law, regardless of any claimed intentions or black swan events.
Someone might want to avoid arbitration for their particular smartcontract, or they would like to experiment with an "EOS Classic" enclave.

References
Article I
https://forums.eosgo.io/discussion/432/article-i-v0-1-draft-eos-io-constitution-no-lying#latest

Article II
https://forums.eosgo.io/discussion/595/article-ii-v0-3-0-draft-eos-io-constitution-property-rights#latest

Design Principles of my v0.1 Draft EOS.IO Constitution - See 4.Nesting
https://forums.eosgo.io/discussion/424/design-principles-of-my-v0-1-draft-eos-io-constitution#latest

Comments

  • exploringeosexploringeos Posts: 14 Brand New

    @Morten Thanks for all your posts they're very helpful. I think this is a good idea, however I also think that certain entities or constitutional articles should be exempt from/supercede this article. For example, a BP could enter into a private ricardian contract with voters to pay them to get around the article that forbids that.

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