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.

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