Canonum De Ius Positivum
Canons of Positive Law

one heaven iconIV.   Consensus

4.1 Consensus

Article 110 - Consensus

Canon 2160 (link)

Consensus is a term describing the concord of Consent between the different minds of one or more persons concerning one or more Acts regarding certain Property or Rights.

Canon 2161 (link)

The word consensus is derived from the combination of two Latin words con- meaning “with” and sensus meaning “feeling, sensation, thought, attitude or meaning”.

Canon 2162 (link)

Two or more persons may find concordance with one or more qualities associated with Consensus. However, it only exists when all seven (7) main characteristics are present (Cognition, Perception, Identification, Sensation, Comprehension, Volition and Communication) including some form of Property or Rights that valid Consensus is said to exist.

Canon 2163 (link)

All forms of concord between two or more parties may be more properly defined as a class of Consensus including but not limited to any accordance, agreement, arrangement, alliance, assent, auction, bargain, bid, charter, claim, compact, concession, concordat, concurrence, conformance, congruence, contract, correspondence, covenant, deal, decision, deed, determination, judgment, lease, order, pact, query, ruling, settlement, treaty, understanding, union or will.

Canon 2164 (link)

By definition, Consensus is a meeting, agreement or union of two or more minds to some degree. This is why the seven necessary qualities of Consensus are also the seven areas of attributes of Mind defined by Cognitive Law.

Canon 2165 (link)

When the particular details of the seven (7) attributes required of any valid Consensus are presented (Cognition, Perception, Identification, Sensation, Comprehension, Volition and Communication) without embellishment or lack of disclosure, or deliberate dishonesty or fraud then Consensus is said to have been formed “in Good Faith”.

Canon 2166 (link)

When the particular details of the seven (7) attributes required of any valid Consensus are not presented in Good Faith, no Consensus exists, even if subsequent instruments were signed, sealed and witnessed and certain terms already performed.

Canon 2167 (link)

The terms and obligations of any Consensus is a function of specific purpose, its valid form and class.

Canon 2168 (link)

The terms and obligations of any Consensus reached in Good Faith must be kept and honored.

Canon 2169 (link)

Just as there are only three (3) forms of Mind (Lower, Higher and Divine), there are only three possible classes of Consensus being Unilateral, Bilateral and Trilateral:

(i) Unilateral Consensus is when Consensus is achieved with only the Lower Mind, also known as the “lower self” or simply the flesh by Implied Consent. Forms of Unilateral Consensus such as Contracts identify an absence of any higher reason or mutual consent such as a simple purchase or transaction; and

(ii) Bilateral Consensus is when Consensus is achieved with the Higher Mind and therefore also the Lower Mind (also equivalent to Mind and Flesh)- hence bilateral. Forms of Bilateral Consensus require Express Consent and involve some combined form of promise or pledge as well as clear mutual agreement; and

(iii) Trilateral Consensus is when Consensus is achieved with the Divine Mind and therefore also the Higher Mind and Lower Mind (also equivalent to Spirit, Mind and Flesh)– hence trilateral. Forms of Trilateral Consensus require Willing Consent and involve formal vows or oaths to the Divine, usually as condition of entering public office and clear mutual agreement.

Canon 2170 (link)

The strongest form of Consensus is Trilateral Consensus, because it deeply involves the three forms of Mind, also known as Body, Mind and Spirit in reason, intent and consent. In contrast, the weakest form of Consensus is Unilateral Consensus as it involves only the lowest form of mind, also known as flesh.

Canon 2171 (link)

A Unilateral Consensus cannot abrogate, suspend, nor change a Bilateral Consensus. Nor is it possible for a Bilateral Consensus or Unilateral Consensus to abrogate, suspend or change a Trilateral Consensus.

Canon 2172 (link)

As all valid Consensus ultimately pertains to some Property or Rights, there are eight (8) ways in which a form of Consensus may be brought to life between two or more parties being Question, Bid, Order, Claim, Offer, Gift, Grant or Conveyance:

(i) Question is a loaded query, often in the form of a complaint or charge about some Property or Rights that when answered may affirm guilt, liability, surety or some other obligation by the answerer; and

(ii) Claim is a form of accusation, charge or demand relating to Property or Rights and some measure of value; and

(iii) Offer is a form of future Gift, Grant or Conveyance of some Property or Rights that when accepted will form a Consensus; and

(iv) Bid is a form of Offer through competition with other potential suitors so that by some mechanism, a winning bid is selected by the auctioneer and vendor; and

(v) Order is a form of request that when fulfilled by some Gift, Grant or Conveyance will form a Consensus; and

(vi) Gift is a voluntary present of Property or Rights; and

(vii) Grant is a conditional present of Property or Rights; and

(viii) Conveyance is the transfer of title to Property or Rights as entrustment that when upon delivery creates a Consensus.

Canon 2173 (link)

Any Consensus founded on fraud is null and void from its inception.

Canon 2174 (link)

The memorialization of a Consensus into an Instrument may be Conditional, Executed or Executory:

(i) Conditional Consensus Instrument is when the operation or effect of the consensus is dependent upon the existence of certain facts or the performance of a condition or the happening of a contingency; and

(ii) Executed Consensus Instrument is when the instrument refers to past events, which are at once closed and nothing further remains to be done by the parties but perform; and

(iii) Executory Consensus Instrument is when referral is made to some significant event to be performed in the future and there such an instrument is often preliminary to some Executed Consensus Instrument.

Canon 2175 (link)

A Consensus concludes normally upon the fulfilment of its specified terms or moment of expiry, or some abnormal condition, including but not limited to some breach of agreement by one or more parties.

Canon 2176 (link)

A Breach of Consensus is a legal cause of action in which a binding Consensus is not honored by one or more of the parties to the Consensus by non-performance or interference with the other party’s performance.

Canon 2177 (link)

There are primarily three classes of breaches of Consensus: Minor, Material and Fundamental:

(i) A minor breach, also known as a partial breach occurs when the non-breaching party is only entitled to collect the actual amount of damages and not for any order for performance of obligations; and

(ii) A material breach is any failure to perform that permits the other party of the Consensus to either compel performance or collect damages because of the breach; and

(iii) A fundamental breach is a breach so fundamental that it permits the aggrieved party to terminate performance of the agreement, in addition to entitling that party to sue for damages.

Canon 2178 (link)

A Consensus between inferior persons cannot abrogate, modify, supersede or replace a Consensus between superior persons. Therefore, no Consensus claimed by a Roman society or its agents can claim to be superior to a Consensus issued in accordance with these canons.

Canon 2179 (link)

As any claimed Consensus by a Roman society cannot abrogate, modify, supercede or replace a Consensus between superior persons, any Consensus entered into through a Roman society shall have no force of law, binding nor validity when challenged in accordance with these Canons.