AAOTW: A CC Is A PC

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Anthropological Aspects of the West:
A Civil Contract Is A Private Contract

 
In the article published by the Tenth Amendment Center, the article provides a quote stating that if the House committee bill passed, the State would record a marriage that had already occurred, saying that “under the proposed law, it would be much like buying a house. You don’t have to get a license to buy a house. You just record the deed once the transaction is complete.”[1]

For me, comparing the personal relationship, even a recognized and formalized personal relationship, to purchasing a house sounds as ridiculous as it is unnecessary. We are talking about the personal relationship, not real estate.

In other words, it seems proper that the State remains uninvolved with the personal relationship, which means that the State does not need “probate judges [who] would simply record civil contracts of marriage”[2].

The State no more needs to be involved in recording a civil (private) contract for the personal relationship than the State needs to be recording a civil (private) contract for yard maintenance, or a civil (private) contract for repair work.

That means that the civil (private) contract remains exactly that, private. In other words, the individuals have an agreement, preferably in writing with attached signatures and possibly a signature from a Notary Public.

That means that the only time the State should/would become involved is when one party takes the other to court, because one party believed there was a breach of contract.

While it is not the common practice, the personal relationship can be governed by a Private Contract. Using their own discretion, the individuals can either formally write and codify their Private Contract or informally maintain their Private Contract.

The reality is that formal and informal Private Contracts routinely occur in the non-marriage realm.

For instance: while they date, as individuals a man and a woman have become, in effect, partners in an informal Private Contract. They interact. They dialogue. They progress or terminate their personal relationship without ever notifying the State.

Yet, there are times when a man and a woman can make their informal partnership quite formal. For example, they might write a legal Prenuptial Agreement, which would become a formal attachment to their SCECS Accepted Marriage.

As it relates to the article published by the Tenth Amendment Center, I want to use what appears to be the interchangeability of the words: a civil contract is a Private Contract, and a Private Contract is a civil contract.

That means the SCECS Accepted Marriage functions as a type of civil contract or a type of Private Contract.

But, and this is important, as a contract, the SCECS Accepted Marriage contains no documented specifics for definitions, developments, and understandings of the personal relationship, or specifics for accountabilities and responsibilities of the participants of the SCECS Accepted Marriage.

Currently, while the SCECS Accepted Marriage is the most common method of formalizing the personal relationship, historically, the SCECS Accepted Marriage was not the most common method of establishing a Private Contract between/amongst individuals.

When considering that means a civil contract is a Private Contract, and when considering that the Private Contract has greater longevity in anthropological history than the SCECS Accepted Marriage, it means that I, as an individual, can utilize a Private Contract to govern my personal relationship instead of utilizing the SCECS Accepted Marriage to govern my personal relationship.

 
Footnotes:
[1] Tenth Amendment Center; Alabama Committee Passes Bill to Eliminate Marriage Licenses, Nullify Federal Control in Practice; http://blog.tenthamendmentcenter.com/2017/04/alabama-committee-passes-bill-to-eliminate-marriage-licenses-nullify-federal-control-in-practice-2/; April 20, 2017.

[2] ibid.

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