Law should set the floor for the sustainability by being flexible and sustainable itself.
I received not so long ago an e-mail from a friend in the Basque Country claiming the death of the common sense in the Law due to several issues that recently have been happening around the world where it looked like the criminals were protected and the «good» fellas were prosecuted.
Well it doesn’t took long I met this other guy in Madrid studying laws at Stanford who supported me writing some thoughts about the Law and the common sense.
From that day on tons of new ideas flooded my mind. It is a extremely complex issue to speak about this issue in a shortly way and respecting the rules of respect and creativity inner to this blog.
Well let’s take it as the starting point: Creativity, respect, common sense.
Why law is so static that we are still using three hundred year old rules?
Law is a very wide term to be treated just with a simple point of view and laws should be continually changed. In executive legislation we use the changes thad judges make to laws as jurisdiction and as new rules but this is very chaotic and very primitive. We need to deeply and automatically change legislation in order to make it powerful and ordered, we should end the country wars to change some primitive legislation.
Well, Law is as old as the human being, we set rules in order to make life in Earth ordered and wealthy. There are many interpretations of the concept and Jean Jaques Rousseau was a leader trying to approach law to common sense because rules had been set by the men in power to control as if they were slaves men out of power. «As soon as any man says of the affairs of the State «What does it matter to me?» the State may be given up for lost»
Out of the civilization, men is within Earth as an animal, fighting for survival is the only important aspects and the only Law is the Law of Nature that no
Human can disobey.
Then men decide that it’s better to collaborate in order to survive and naturally they decide to create systems.
In a system there are laws and laws should be made by agreement. In a law one subject give up on a piece of his natural freedom in order to adapt to the rules of the group.
This had instantaneous consequences. Working as teams human beings were able to establish settlements hunting more efficiently and assuring the food for themselves.
In that way they were able to create new standards of life creating the domestication of animals and the controlled growth of plants.
With this, complex and less complex civilizations began to exist.
One aspect of the organization of the society was the figure of the leader, the boss in the beginning was not necessarily the most intelligent, but the strongest. This hasn’t changed so much.
Internally, everybody would like to be leader. And the first leaders were aware of that. And being them the ones Stating the laws, we have a good Beginning for the corruption.
Machiavelli is a clear example that leaders used to be the most corrupt people in the group and with time they enforced rules just to e forever in the best positions treating others as slaves instead of enforcing rules just for the improvement of the conditions of life of others.
We want it or not, we have inherited that.