Law is a work of art, sculptured in the most turbulent periods of human history. Its extremely simple content – which is essentially about regulating all aspects of human relationships and activities – was the starting point for a long series of methodological pursuits and philosophical delicacies, at a time when its aura was expanding and touching every step of History. , when judging her and when protecting her. Law is another form of life, it is the revenge of the Ideas and their neglected adventures.
It is no coincidence that the philosophy of the Law has always been the fertile place for the manifestation of pre-earthquake or post-earthquake vibrations of any great Change. As a frenzied wave, restless thinking hampered the daily practice of social subjects, their thinking, their reasoning, their morals. So, drop by drop, a “typical morality” was born. Institutionally validated, it constituted the legal psychosocial component of the Function of the Whole: The Law.
As Time marked History with experiences and memories, the concept of Law was firmly established in the consciousness of the Finite, the Present, and the Future. Law has spread its invisible nets in all sorts of relationships between intelligent bodies. The Economic Field could not be an exception. Classical Economic Reason focused on analyzing and defending the independent and autonomous movement of each individual unit participating in the Market, thus tracing the strong need for the Generation of a regulatory framework for defining the rules of the economic game. Financial Law had not yet been formulated. But the footsteps that led to his appearance had appeared on the Historical Stage.
Today, the Law has so decisively invaded the field of economic activity that a public debate on the establishment of a kind of Economic Constitution could flourish. The question, however, is whether the concept of Law, as it is primarily understood, can co-operate harmoniously and efficiently with given Market Economy Principles? This is the predominant problem, given that central economic planning has historically been doomed, and even if some had been artificially restored to life, it would have failed to integrate it into the information society and the (open) data economy.
One possible answer has to do with an unorthodox, schematic conception of the concept of Law. Is Law a circle or a square? Is it, therefore, a force that by its very nature encapsulates human activity, or acts as an all-powerful independent factor, which we are called upon to consider? Is it the consequence of existence, or a process of simple logic?
The first view of Law as something next and inevitable. So it goes hand in hand with every image that gives birth to the Action of Communities. We therefore end up in a “reasonable” conjunction of “Law – Injustice”: Injustice confronts its adversary and Law understands that all it can do to the actors is an Ethical and Traditional Reason. History unfolds and both concepts succeed in illustrating within their rich intellectual space the perpetuation of an Ancient Drama. Eteocles on the one hand and Polyynekis on the other.
The second view could be an extension of the first: Law exists and follows the Historical Walking, starting from the Caves and with stops in Ancient Rome, Classical Athens, Istanbul, Revolutionary Paris, and St. Petersburg our days. It follows and reminds. But it is not inevitable. All that data achieves is a Final Balance, an avoidance of one-sided dominance. His power rests on the Spirit of men. And in their Heart lies his acceptance, his embrace. In the one side, is Antigoni.On the other, Ismini.
And finally what version prevails? I have the impression that Life itself (or in another translation, History itself) gives the answer: Economics goes ahead, Law follows and confirms the boundaries set. In another, much more advanced, perhaps heretical sense, the existence of the Law is in doubt as the infinite relevance of the Market Economy creates and terminates rules at extremely rapid rates. What was yesterday an unqualified condition of the economic game (regulatory frameworks, high taxation on capital), today is simply turning into a necessary commitment to change – and even immediate under conditions. Simply put: yesterday’s “law” is today’s “unfair”. And this alternation is the raw material of Evolution. Of course, it is naive to argue that a planned economy would give more space to the concept of law. Most of the examples given to us during the Cold War era (from nearby Romania to far Cambodia) provide eloquent answers and confirm the view that central planning is identical to the extinction of every concept of Law.
Despite its “complementary” character, however, Law has structured its own separate autonomous character within the arena of the Market. At a time when the molecule generates megatomic power and chaos is formed at the finite boundaries of a series of equations, this particular physique invades the function of Economics in the form of a digital tool that attempts to touch and co-exist with each of the thousands of microcycles computing machine. Its purpose is to automatically restore each micro-formation to the functional instructions of each macro-formation, for the sake of the whole. Every moment, every minute, every second. And time flows. The Law exists and regulates everything. But what if the power cuts off suddenly…?