Monday, July 7, 2014

Law and Order, go together, like Freedom and Equality

The term "Law" is sometimes used, as if, it was something separate from "Order". The question becomes, are there any instances of Law where the two are intentionally kept separate? I imagine, if one looks hard enough, such instances can be found, but that is not the nature of the inquiry. The inquiry is more general. Generally speaking, we can couch the same question, about the terms, Law and Order, within the 'political terms', of 'Freedom' and 'Equality'; those two terms also go together. Of course, Freedom and Equality are basic to the organization of the 'social sphere' at the Bottom of Government. In other words, the 'organized social' should not infringe upon the Freedom and Equality of the individual; neither should 'social mores' and practices, and my point is, neither should the Law. How do we address these issues? The 'basic' approach is generally by means of Laws; but, Law cannot infringe upon Freedom and Equality; it must protect 'each individual' from any encroachment into his/her Freedom and Equality. But, how do we look at 'Freedom and Equality'. Someone is free when s/he can 'do', 'move about', or, 'live', any way they please. There can be no limitations placed on the 'expression' of 'Life" by any one individual. Equality means of "equal life". Consequently, most Laws are expressed in a 'Negative fashion' instead of a 'Positive fashion'. In other words, Law, generally, is about what you 'cannot do', never a limitation on what your 'life wishes' to 'express'. Neither Government, nor Law, can restrict the expression of 'Life" by any 'real' individual. Notice, I use the term 'real individual'; Why is that? Because the 'principles of a human Life', are higher and of greater value, than the principle of 'any organized government'; and because, 'corporations' are not 'real'. Corporations can be 'voluntarily dissolved', by the Incorporators, or 'involuntarily dissolved' by the Government that created them. They, as "legal Fictions" do not have 'control' of their existence. But, that's another issue. Back to the point. Although, it can be said that 'Life' is more important than 'government', that does not mean that government, does not have a role to play in that 'necessary dichotomy'. We have seen that Government has a 'real' relation to the Bottom, and that government is absolutely necessary. Government, in its triadic nature, must legislate Laws, that lead to Order in its function as a Three Branch Government, and, of course, which includes the 'social', and which, 'protects', one individual, from the Other individual, and hence establishes Order in the social. This is done by Laws that 'prohibit' any 'disruption' in a social, that truly 'lives' in Freedom and Equality.

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.