Saturday, March 24, 2007


Does the law need to be rewritten? Yes, "the law". That's what I meant. THE law. U.S. law, International law, common law....Law. The human concept(s) of law. Does it need to be rewritten? OK, re-considered?

Give me a break on the practical side. I am asking this initial question without regard to HOW. I just want to consider that perhaps the concepts of law are way outdated.

Law seems to have three major purposes. It deals with identity or "self" and property, alone or the interchange between them. Law has contracts and other instruments for legal entities (legal selves) to distribute property: contracts for sale, wills, etc. Law provides punishment for anyone who threatens or harms other person's or properties. I could go on.

However, our concepts of personhood or self and our uses for property have dramatically changed with the Internet and global warming.

"I" can be several different entities. I can be a corporation. I can be a celebrity with a stage name. I can be an unincorporated organization. I can be an anonymous (and unidentifiable) Internet presence. While we have maneuvered around these problems, it may be time to treat identity as usufructory or alternatively, as a collection.

And, speaking of usufructory, property, though by title perhaps "belonging" to a specific owner, actually belongs to a complex body of interdependent land and natural resources. Rather than taking property "to the exclusion of the rest of the world," perhaps we should give executory control of land only to those who would serve and lead the community in its use.

So where to start? How does one reform a system?

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