Tara Duncan
FROM THE PEARLS-BEFORE-SWINE DEPT:
I sometimes observe people's speculations regarding what creates joinder in legal matters. We hear comments and arguments citing the "live" birth certificate, the registered birth certificate, legal currency, social contracts, first names, last names, names in "Capitis Diminutio Maxima", and probably at some point the correlation of giving birth in the desert while viewing a sunning lizzard. There are individuals and teams pouring over historical documents, legal documents or simply looking for secret words or mystery themes in every day documents.
None of these conversations relate to my point, though.
In contract law (and how can this be about anything else where there is no injured party), there are two or more parties who enter into an agreement with knowledge and understanding. If written properly all parties are aware of the responsibilities and surety attached to the terms and conditions - including the penalties for non-performance. If "social contracts" exist would it not be reasonable for all participants to enter into the agreement with full clarity?
If you need to go looking for the secret signals that have obligated you to terms and conditions, or if the parties "enforcing" your contractual obligations are unwilling or unable to illustrate the point at which you made an informed decision, are you obligated to perform to the contractual specifications?
There are two possible scenarios that could play out in your quest for the mystery joinder.
In one scenario you spend your entire life looking, and find nothing. On your deathbed you lament you have wasted your life and are no further ahead.
In the other scenario: Let's say you one day find the secret, hidden, list of words or sentences, the "holy grail of joinder, if you will", at the bottom of a well, enclosed in plastic, and signed by someone you have never met on behalf of all humanity. Eureka! Then what do you do? Do you chant the secret words of non-joinder? Do you appeal to an amorphous cloud of bureaucratic haze? On hearing your revelations, do people and organizations immediately stop victimizing you or taking your stuff?
What do you hope to gain by immersing yourself in what is colloquially referred to as "club-house" rules? If you can't answer that, perhaps you need to cut your losses and return to living a happy, productive life.
Go watch War Games again and repeat after me, "The only winning move is not to play".
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