Tuesday, April 27, 2021

'Persons' as 'Legal Fictions' can retain their 'Size', but must allow for 'Democratic Functions'.

'Persons' as Legal Fictions should be allowed to retain their 'Size' in the Social, but must allow for 'Democratic Functions'. By allowing them to retain their Size, the creation of 'Democratic Departments' in all Legal Persons should allow the 'Purpose Clause' to open itself to the establishment of 'democratic Functions'. Hence, their 'Size' and their 'productivity' would not be compromized, but their 'function' as Legal Fictions are free to contribute to the 'Democratic aspects' of the Social. Each Corporate Structure that exceeds a certain Valuation would be required to have a 'Department' within the Structure whose 'sole function' is to 'implement Democratic' values in the Social. Democratic Functions are necessary in the Social because it is constituted by Individuals who are Free and Equal. 'Autocratic Functions', whether in the 'Economy' or the 'Political Ideology' should not be tolerated in a 'Democracy'. All Individuals in a Democracy are 'Free' and 'Equal', hence the creation of 'Social' and 'Economic Institutions' should also contribute to those Institutions. Since, 'Corporate Personhood' is established by the Rulings of the Supreme Court, Social and Economic Institutions should also 'function' Democratically. Since every Real Individual is required to abide by Law and Order, 'Corporate Persons' should also be required to abide by 'Law'. 'Autocratic Power' should not be allowed in a Democracy. Hence, the requirement would be 'Function as a Large Economic Entity', but do so as a 'Democrat in a Democratic Society'. An 'Institutional Creation' in a Democracy should not be allowed to function as an 'Autocrat'.

Thursday, April 22, 2021

Creating " Persons" that are 'Legal Fictions' in the Economy seems misguided.

Creating "Persons" that are Legal Fictions in the Economy seems misguided; or, to say it differently; creating 'Legal Structures' that are considered 'Legal Fictions' and calling them 'Persons' in the Economy seems misguided. Why are they necessary and at the 'very place' where 'Competition between Human Beings' takes place. The Law has created a 'Monster Worker' that is Immortal because it cannot die and if it's been around for Many years can merely change Name and 'continue its existence'. Sure it contributes to Economic Acheivement, but what about 'Economic Balance' within 'Social Balance' among 'Real Human Workers'? Why does the Law favor 'Legal Fictions' when those Fiction's sole function is to Function as 'Autocrats' and make Money. Of course, 'Small Corporations' can become 'disfunctional' or go bankrupt. But, the Big Corporations 'cannot fail' and can merely change 'Names' or be 'Bailed out' by the Government and continue their Immortality. Of course, 'Big Corporations' are important but, what about the Little Guy? That seems like a misguided focus on the concept of the 'Economy' and 'not' on some 'Social Good'. Democracy is a good system and is designed to Contribute towards the 'Welfare of the Human Condition' and certainly 'Economic Competition' between Humans is highly regarded and necessary. But, why does the 'Huge Business Corporation' function as an 'Autocrat' and not a 'Democrat', and why not 'Re-Conceive' them to have 'Democratic functions' that contribute towards a more 'Democtaic Social'. All it takes is an Amendment of the Purpose Clause.

Sunday, April 18, 2021

Why are there Legal Fictions in the Economy?

If a 'Social' can 'hold together' with the 'Social Values' of 'Freedom and Equality', why can't a Business Corporation hold together without it having to be a 'Legal Fiction'? Business Corporations are enormous 'Money Making Machines'. Their existence is solely for the Purpose of 'making Money and making a Profit'. Of course, they are necessary because 'some' provide for the 'Well Being' of the 'Individuals' at the 'Bottom'. They are very competitive in the Business world, but they don't have any 'other Functions'. Have you ever seen a 'Business' Corporation that is not making a Profit? Why do they need protection? Is being on Top of the Forbes List their only motivation? Have you ever seen a 'Charitable Corporation' make a 'Profit'? Of course, they are also necessary because of their 'Social Function'. Thats a 'Democratic Function'. Its function is solely, in most cases, the Social Function for which it was Incorporated. The question arises, is it also a Legal Fiction? Better yet, are they entitled to the Protection of 'Personhood'? Most Individuals would respond, " Of Course". Protection from what; from some adversairial 'Social Function' that it serves? But, if it serves a Social Function, why would it need protection? If anything, it might need help to continue its 'function and contribution' to the 'Social Welfare' of the 'receipients' of their 'Purpose' for Existing. But, a 'Money Making machine' that gets 'Constitutional Protection' as a 'Person' in 'Contemplation of Law' creates many Problems within the Economy. It contributes towards an 'Unbalanced Economy' and to 'Haves and Have-nots' and furthur-more, they dont pay Taxes!. Do they count 'Legal Fictions' as 'Persons' in the 'census'? Shouldn't they also have a Democratic Function?

Thursday, April 15, 2021

Are there Legal Fictions in the Social?

Are their 'Legal Fictions' in the Social? No. Why not? Because 'All Socials' are constituted by a 'Multiplicity of Real Individuals'. 'Real' Indivividuals are 'all' Equal and Free, regardless of Race, Color, Creed, Culture or anything else you can think of. All 'Socials' are 'Instituted Collectivities'. Humans don't differ in their 'Humanity'; they might differ in their 'Instituted existence' as a 'Condition of Togetherness'. But, the tension in their 'Condition of Togetherness' arises from that old Problematic of the 'One' and the 'Many'. The Instituting of 'One' 'Human Individual' at the Top and 'Many' Human Individuals at the Bottom in a 'Condition of Collectivity' creates a 'Tension' between the 'One' and the 'Many'; a 'Quantitative Concept' injected into an 'Instituted Concept' of 'Freedom and Equality' of the 'Many Individuals' creates the 'Difference'. But, the 'difference and the Tension' does not have to be between a 'Quantitative One' and a 'Quantitative' Many Individuals. It can be between a 'Human Individual' and 'Many' 'Human Individuals' in the 'Social'. 'Aha', in such a case, 'Everyone', whether at the 'Top' or at the 'Bottom' is 'Equal and Free'. So, why does 'Equality' have to have a 'Tension'? The 'Social' is an 'arrangement' and the arrangement is a 'Social Institution' of 'Equals'. All the Tensions that arise therefrom are 'created tensions' that can and should be addressed. Of course, thats the point where 'Institutionalized Governemnts' and 'Institutionalized Socials' are required to have 'Law and Order'. Notice that when we say 'Law' we always include 'Order'. Could it be because the sole purpose of Law in a 'Social' is to 'maintain Order' and 'not' to 'create a Tension' in the 'Social', and more importantly, between a 'Top and a Bottom'. The 'One' and the 'Many' are 'quantified concepts'. 'Equality' is Equality.

Monday, April 12, 2021

Why is the 'Business Corporation' the most Protected 'Person' in the World?

The 'Business Corporation' has been 'Christened' as a "A Person in Contemplation of Law" and which is also recognized as a "Legal Fiction". 'Everyone knows' that a 'Fiction', whether 'Legal' or 'not' is not 'anything Real'. So why does the Law have 'Fictions' and why does it protect the Business Corporation. I do not think that 'Law in General' is held together by legal Fictions when it comes to personal Liberties or Personal Rights of the Individuals in the Social. Most of those Rights and protections are justifiable by the 'Freedom and Equality' that 'inheres' in the 'Human Condition'. It seems like 'Legal Fictions' have become 'necessary' to hold 'Legal Argumentation' and 'Justification' for some, specific line of 'Legal Reasoning' and 'Legal Argument'. Why have certain Legal Fictions become necessary? Of course, its understood that some 'Social Entities' and more important, 'Social Values' have become so necessary that 'couching argumentation' in the 'Fictional Mode' is one manner of protecting the 'Concept'. But, why in the Economy? Why is the focus of the 'Protection of the Corporation' relate to its 'Size and Monopolizing' effect of the business? Of course, the Economy needs to be protected, but why do the Fictional Aspects also relate to 'Money', lots of Money? Do they all have to be in a 'Race' to be on the 'Forbes List'? Of course, the Economy is about Money but its also about the Freedom and Equality of the Real Individuals at the Bottom. The Bottom needs an Economy and the competition between Individuals is a good measure of a succesful Economy. But, the Business Corporation is a Fiction; a Fiction whose Productivity is the result of a functioning that's Autocratic in its results. Why can't it be a Democratic Fiction that 'requires' every Business Corporation to have a Department for Democratic Activity? Why do Democracys create 'Autocratic', 'Economic Institions' that establihes an 'Unbalanced' and 'lopsided Economy'. They 'benefit' the 'Rich' and contributes to a 'bigger Gap' between the 'Haves' and the 'Have-nots'.

Friday, April 2, 2021

There is 'No Reason' to have Government other than to 'Serve' the People at the Bottom.

Why do Governments exist? Why do we need Government? Of course, the reason is obvious. A 'Political Top' can operate as a 'hub' to 'help organize' the 'Multiplicity of Indiviudals' at the Bottom. There are always 'Many' Individuals at the 'so-called Bottom'. That why the Ancient Dillemna is phrsed as the 'One' and the 'Many'. The 'One' is always a source of control and organization and the Bottom is always the Many Individuals at the so-called 'Bottom'. Actually there is no such thing as a 'Bottom' just as there is no such thing as the 'Top' or the 'Political Top'. But, the 'Required' need for 'Order' of a 'Multiplicity of Individuals' at the Bottom should be obvious. Without 'Order and Organization' the Multiplicity would always be in a state of turmoil, conflict, and disorder. But, the term the One and the Many has hidden implications that Governments should be composed by One Individual at the Top and Many Individuals at the Bottom. The formulation favors a mode of control by 'One' or by some absolutely 'Superior Institution' at the 'Top' and the Bottom is the object of the Control by the Top. This manner of looking at the Dillemna of the One and the Many easily 'suggests' a Superior Top Ruling an Inferior' Bottom which leads to Autocracies, Plutocracies and Oligarchies. Hence, the need for the 'Democratic Form' of 'Constitutional Government'. Constitutional Democracy provides the 'hub' of authority necessary for Organizing a Bottom with Free and Equal Human Beings. All Human Beings, whether at the 'Top' or the 'Bottom' are 'Free and Equal'. Hence, Governemnt Institutions can be 'controlled' at the 'Top' and the 'Bottom'. Thats the purpose of Constitutional Government.

Thursday, April 1, 2021

A 'Political Ideology' is a Human 'Institution'; a 'Political Bottom' is a Human 'Condition'.

A 'Political Ideology' is a Human 'Institution'; a 'Political Bottom' is a Human 'Condition'. Thats a dilemma that has existed a very long time. The main reason for its existence is that both the 'Top' and the 'Bottom' can only 'function' if both are occupied by 'Human Beings'. A 'Machine' or a 'Computer' cannot Govern a Bottom of 'Human Beings'. The dichotomy requires 'Human Leaders' and 'human followers'. Neither should be required to lose their 'Humanity' in order to 'serve' at the 'Top' or the 'Bottom'. Hence one must ask, why are their Autocracys, Plutocracies, or Oligarchies. The answer is simple. Some Humans want a focused 'Political Power' for whatever reason they may have; and the Others can be 'Governed' by the 'Political Power' from the Top. Governance or Rule can only come from a Political Top because thats the 'Institution' that will 'Govern or Rule' the Bottom. In either case, some semblence of stability must prevail at the Top and at the Bottom. A 'Political Top' can only have 'attributed' Political power because it only has that attributed 'Political Power' for the 'duration' of the 'Office' or, it can have 'arbitrary use of the Power'. Of course, one of the most 'arbitrary' uses of Power in the past was the so-called 'Divine Right of Kings'. Why? Because it permeated every aspect of the 'Political Entity', both the Top and the Bottom. Today, all 'Religious Systems' in the 'Social' are kept separate by the 'Institutional Structuring' of the 'Social' and the 'Political'. Every Political Structure is a 'Manufactured Institution' and every 'Political Bottom' is formed of 'Human Individuals'. In Governemnt Entities, the Issue is always, 'Do we Govern or do we Rule? There is a big difference between 'Government' and 'Rulers'.
Creative Commons License
Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.