Saturday, September 25, 2021

The 'Business Corporation' is a Legal Fiction, that's its 'Nature'. But now the Supreme Court has made it a 'Person'.

The Business Corporation is a Legal Fiction. Its basically, an artificial creation of Law. Anything that is 'Fictional', in our language, is 'never the case'. A 'Fiction' cannot be 'made' 'truthful' or 'valid' or 'existent'. Anything 'fictional in nature' is 'Unreal' and 'remains' Unreal. Its 'legal nature' is merely a Linguistic Connection allowed for sole purpose of 'Legal Reasoning'. It serves no other function. It does occupy a 'Place' within our economy. But, 'we must ask', why does it have to be a 'Person in contemplation of Law'. Why is that necessary? Why not just consider it what it actually is; a Business Entity, in the Economy and not a 'Person in contemplation of Law'. 'Creating' a 'New Person' within the 'Economy' or in the 'Social' or 'anywhere else', is beyond the 'Power' of any 'Court' or 'any man made' Institution. The end-result is that its as protected by the Constitution, 'as if' it really was a 'Real-Person'. Persons, of all types are Real. Legal Fictions are Social and Legal Creations that must exist as 'Real Fictions' and contribute to Legal Reasoning but not to the 'sanctifying result' of being a 'Real Person'. How can a Supreme Court create a Real Person? It can't! But, the Court seems to be pre-occupied with the Economic-Ability of the Business Corporation to create huge amounts of Money and Capital to Itself and to the Corporate Structure; not the Social, but solely to an Unbalanced and lop-sided Economy. The 'Social' is left behind in its 'tatered conditions' of existence.

Thursday, September 9, 2021

The weaknesses of a Democracy are Self-Induced.

The weakness of Democracy is 'self-induced'. It is not the 'nature' of Democracy that undermines it, but the Nature of the 'Bottom' of the Institution. By the Nature of the Bottom, I do not mean that its a charecteristic of Democracy, but the Nature of the 'Individuals' who populate the Bottom. Their first 'move' was to divide into Political Parties. Can you imagine, they create their own 'Political opposition'. Every Individual has a different appoaches to the 'Freedom' and 'Equality' of the Individual, but the division into Political Parties is a temptation to great to resist, so they Form into some kind of 'Political Power-Party'. Politics is Power, but why does Democracy need to have 'inducements' and 'enticements' to form into Groups to acquire 'Political Power'? Why can't Individuals implement Freedom and Equality? Freedom and Equality is a precious thing and needs to be implemented at the Bottom; implemented by the Individual for the Individual. The problems with Political Parties is that they are reduced to 'Political Platforms', and many times Individuals become Identified with the Platform. A Vote by an 'Individual' in a Party is a Vote for the 'Platform' and for the Party, hence the inducement to join One or the Other Party to have a Political Identity. 'Political Power' raises its ugly head. How sad, a 'Real living Human Being' becomes a Republican or a Democrat. Now they have a 'Political identity' and in that process, they have given up their Real 'Person-Hood'. Real Freedom and Equality is not implemented by the Individual and Institutional 'Creations'called 'Business Corporations' are given 'Personhood' and as a result, we become a 'Social' motivated by Money, Riches, and a 'Motor' guided and measured by 'More and More' of the same.
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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.