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World Systems Law by Dennis L. Blewitt 15 March 2002 23:58 UTC |
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After I finished my book on Sociology of Law, I decided it was all wrong and did not explain what happened nor did it describe the situation as it exists today. Hence, I started a 5 year odyssy into the realm of postmodern theory, systems analysis, chaos theory, etc. I will attempt to clarify my position. Law and history are inseparable. Social movements are part of history. Each nation had its own legal system and laws. This confused transnationals, was inefficient and expensive, having to seek counsel in each country in which a transnational wished to operate. Local law restricted the sovereignty of transnationals, regulating operations, trade, capital, etc., sometimes conflicting with each other. Legal structure forms social behavior. Common law encouraged societies to organize and behave contrary to the perceived self interests of the multinationals. Roman law, historically the law of conquest, was well adapted to concentration of power and produced societies and behaviors compatable with transnationals. Transnationals have difficulty dealing with consensus, which is the essence of common law and through their surrogates (as described by Mills) sought to organize the perceived chaos with a system that responded better to and recognized power. Through intelligence agencies and other controlled apparatus, law societies such as American Law Institutes, the codification of law was promoted, ultimately allowing a TN corporation to have one counsel for all countries. Codification can also thwart the democratic tendencies of some nations. Through media and government, certain myths were created to define certain social problems and to obtain regulation. Also, through myth and propaganda, the restraints on TN corporations were relaxed or removed. As this happens, TN.s develop sovereighty independant upon any geographical state or even region such as NAFTA or EUC. The TNs then develop strategic treaty relationships with other TNs or sovereign states to impliment the collective policy of the TNs. The public is convinced through the media that this is good and policy is supported. Policy is not debated with just say no, zero tolerance and calls to patriotism. In my interview of judges, I have learned that the judges (at least in my area) know what they are doing is wrong, but fear of the press drives their behavior Now, instead of law following consensus, law is independent of consensus. Law is the result of decrees made by those with the power to enforce them Unlike the civil rights days and the anti war days, demonstrations and protests will accomplish little, since the power controls the power of information. The public must retake control of at least one branch of government. Right now, the courts still have the power, if not the will or sophistication to declare much of what is happening today as illegal Dennis L. Blewitt
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