Thursday, June 8, 2017
A Democracy requires Law and Order to protect the 'Freedom and Equality' of the Individual.
A Democracy protects the 'Freedom and Equality' of each and every 'Individual', in the 'Condition of Togetherness', through Law and Order. Law and Order is both a 'positive statement' and a 'negative statement' of what an Individual 'can' and 'cannot' do. The term Law and Order refers to the 'structure' or 'form' of the 'condition of togetherness', as it is 'circumscribed', and 'structured', by Law. That's why it is said that we are a 'Nation of Laws'. There are many kinds of Law. Constitutional Law 'delineates' the 'establishment' and the 'Power' in the Three Branches of Government. The Constitution 'constitutes us' as a Nation. Civil and Criminal Law delineates the Laws governing Civil Society or the 'condition of togetherness'. It sets out general Rights and structures a 'Social'. Whereas, Criminal Law sets out, in negative fashion, what we cannot do. If we violate a criminal statute, we can be punished and even put in jail. If a Corporation violates a Criminal Law, it cannot be punished or put in jail, because it does not exist. Its a Legal Fiction and exists only in contemplation of Law. Of course, there are Laws that govern corporations; their creation, and their structures. The 'Fiction' is created by Law. A Corporation is not a Natural entity. If a corporation does something wrong, it can be corrected, but, if in violation of Criminal Statutes, it cannot be put in jail. Its possible to get behind the corporate structure to punish the real Individual behind the infraction, but first one must "pierce the corporate veil", to get to the Individual. That's not an easy task. Corporations are "Persons" and entitled to protection by the Constitution, but they are not 'real' Persons. A real Person cannot compete with a Corporation. Hence, the economy is 'out of kilter'. The motor that drives a Democracy is freedom and equality. The motor that drives the Economy and Capitalism is Profits, and money. The Two motors must be kept separate because Democracy cannot survive with profits and Money; and Capitalism cannot survive with Freedom and Equality.
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