On the Social Contract of a Free Society

I. Rule of Law is fundamental. Without it, there is no free society and objective reality is violated. Article 79(3) of the German Basic Law is the ultimate safeguard of such a free society. The State, in its operation under and in protection of Rule of Law, shall be respected.

II. Society is too complex to be centrally planned, therefore a Social Market Economy based on Spontaneous Order under Rule of Law is the logical system that supports a free society and maximises its potential at both aggregate and individual level. This Social Contract shall be based on true Progressivism as opposed to skin-deep Progressivism and contain Elitist and Egalitarian levelling tendencies, rejects determinism and rationalism/scientism in favour of (rigorous) empiricism in symmetry with natural/eternal/universal law, through which truth is discovered. While respectful of individual religious and political positions, it shall act as a productive mechanism preserving a separation of Church and State in favour of the individual, its progress and flourishing. This is not a fixed given but a process that requires continuous effort, the future is treated as not definite and involves a degree of unpredictability. 

In this context, money is the barometer of society's virtue. 

III. Society should be free, this freedom is best preserved by the rational agency of the individual, in acknowledgement of bounded rationality under Rule of Law and social context. Therefore, the law and the economy should be based on mean-independence insofar as possible. A true Constitution of Liberty is rigid in the preservation of these criteria.

IV. Each individual is a unique creature with his/her (biological sex) own outlook on the world, social engagement, set of skills and ambitious pursuits. Each individual has a right to due process and equal treatment under Rule of Law. The etymology behind 'individual' comes from Latin (that which cannot be divided). The individual under Rule of Law is therefore the ultimate minority worth protecting and preserving as a golden standard. 

V. Liberalism is the core tenet of every free society that acknowledges the human condition. Illiberalism is its opposite and paves a Road to Serfdom. It must be avoided and/or contained by non-violent measures, or in the worst case, measures that involve the use of force insofar as compatible with Rule of Law, human dignity and natural law as a means of defence. The distinction between liberalism and illiberalism under natural law acknowledges the existence of objective good and evil. 

VI. Since assumption I concludes that society is too complex to be centrally planned, illiberalism cannot be completely eradicated through  ad hoc action for that would constitute a form of social planning in itself in opposition to the human condition. Rather, it is via negativa that allows for induction and deduction on the illiberal part of society, the goal of which should be to liberalise as much as possible whatever is illiberal in society and the economy. The State shall be subsidiary in the prevention of a priori threats to a free society and compensation for damages suffered by a free society where damages cannot be reasonably attributed to private actors. 

VII. The European Union derives its legitimacy from German Basic Law. Therefore, Militant Democracy under German Basic Law is the role model for all of EU Law and its Member States. It is a Democratic Social State that abides by the principle of Subsidiarity. In this context, Article 79(3) must be respected. Against any agent under EU law - be it a natural person, an economic or political entity or a combination thereof - that violates Article 79(3), action might be taken to protect the Social Contract insofar as compatible with Rule of Law and Article 79(3) itself. Doing so also strengthens the Democratic State under EU Law. 

VIII. In case of suspected or known breaches of or threat to the Social Contract as specified, the individual who discovers it should report to the relevant authorities, or at the least abide by the legal principles of Subsidiarity, Proportionality and Conferral in due cooperation with the relevant authorities.

IX. External threats to the Social Contract must be contained in a fashion compatible with Assumption VII.

X. If any person - whether natural or legal - decides to take action in defence of Liberalism and a free society in a way incompatible with Rule of Law, that person bears the ultimate legal and social responsibility for the consequences. The penalties are to be determined by a Court of Law under applicable jurisdiction.