8.28.2011

The fundament of laws in contemporary age

Profusion of specification and continuous derubrication in petty determinations have on the main traits of Law -generality and abstractiveness- the same effect than water river on stone that carry on: shaping the surface of rules abrading their stenght, on one side rise them at constitutional rank (in the immanent sense of concretness statuition as determinated in sovietic constitutional doctrine), on the other side debase them at the rank of regulations to serve and preserve "status quo", not differently from what happened during the "great crisis" of communal age in late middle ages (XIV century, with the collapse the experience of democracy in free communal towns).

Common feature of both periods is in fact the progressive closure of social improvement through work and its consequent placing in more rewarding roles due to ability. This happened (and is happening) through the use of self regulation in art and professions as a way to preserve leading roles to parents or people belonging to the same social class, and sometimes these rules (extended also to job regulations, labour cost, litigations and so on) were often included in municipal statutes considering that often "Guilds" ruled inderectly olso city government.
At that time we can also register a strong international financial system -we can think for example to Paride Datini in Prato, or to bankers as Bardi and Peruzzi, that made a revolution in european credit system- and, related to this, the progressive emptying of democratic assemblies and growing imbalances in income and social power between "fat people" and "little people" in medieval sense), both of those feeding themselves of a reborn religious ideology, uses as a sword by who was ousted by power, or as a shield by those who
defended status quo.

Talking about similarities, we cannot forget that traits thought as "contemporaneouses" as the use of images powers to catalyze emotional communication and aggregation tools of "think sharing" grid based are not so modern: think to "painted facades" propaganda in Cola di Rienzo Roman Republic (1347), or to the "bottom up" approach that characterized the preaching and dissemination of ideas of heretical movements such as that of the "apostolic" (nowadays we could call them as radical no global millenarists, not far from some "green" movements with a "new age" ideology).

Ovbiously this doesnt mean that we agree at all with a vision of history were everything happens agains and again, but that analogies between periods make clearer the in instrumental use of laws and its direction during periods of political instability and economc crisis, and enlight once again how the legislative procedure and electoral system are fundamental to grant neutrality in legislation (generality and abstraction), so that laws cannot be used as a way of legal domination of minorities by majority or rather, by a monistic minority with economic power and moral suasion instruments (often collateral with clergy positions) that can impose his vision tho the others that act as monads, for example, some pro-choice could be against social security or health care system, and working to amplify differences the minority leadership have a sort of golden share on the entire society, thank also to a electoral systems not proportional and with a lot of wall for citizens to vote

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