Saturday, September 20, 2014

Power is an attribute of Governmenmt; and Law 'contours' that power.

Power is an attribute of Government; and the Law is the means by which it 'contours' that power. Of course, Law is a very broad discipline, but a few conjectures can be made about it. Law, in a broad sense, 'regulates' governing and it also regulates the 'behavior' of the Governed. Hence, it permeates the entire 'social' and 'economic' Institutions therein. It regulates the relations between individuals, and between, the individual and the economic and social Institutions in the social; e.g., it sets forth the 'necessary conditions' for 'creating' a corporation ( more on that later), Hence, Law helps the 'governing process', but it does not limit the 'expression of life' by any one human being. There's more to 'living' in a democracy, than being 'law-abiding'. Nevertheless, Law is essential to a proper 'governing' and a proper regulating of the Many Individuals at the Bottom of Government, and at the same time, is only applied in the 'proper place' and at the 'proper Time'. A Social, cannot survive and live in harmony, without 'governing' and Law. The 'ultimate expression' or, 'primary expression' of our legal system, of course, is found in "The Constitution". The Constitution, and its mandates and descriptions, governs all Laws; that's why the Judicial Branch of the Government should be, and must be, objective. But, is the Judiciary objective? Of course not. One reason for that, is the division into Party Systems i.e., 'preferential politics'. All Branches of Government are 'peopled' by Representatives who must 'stay' within the 'confines' of law, but there are also 'moral standards'. Law does not mandate 'morals', and a clear distinction, between Law and Morality must be made. An Individual can be 'perfectly' moral, and quite 'illegal'; or perfectly 'legal', and quite 'immoral'. The Legal aspect is mandatory in the social; the moral, while 'polite, prudent', and wise', is not mandatory. Hence, again, the problematic of the human condition. We need 'Statesmen', who follow the Constitution; not 'politicians', who follow Party politics; and 'Statesmen', or 'states-persons', are hard to find.

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