Just off the top of my head thinking about what law is and what law
does. Like everything it is fundamentally about what a conceptual or
real thing is all about: It is all about two things. What a thing is
and what a thing does. It is object oriented.
My
definition: Law is a top down design for bottom application. Bottom
application is implementation and enforcement of the intent of law and
its definition of its terms. The law works to control regulate either
positive or negative objectives.
https://en.wikipedia.org/wiki/Law
There
is a bottom up assembly in the making of law. It is the formulation of
law by those to whom the law will apply in choices of self governance.
Some sort of social structure in which this formulation takes place.
Once basic structure for making law is established like an operating
system then application programs are designed to create laws. These
application systems in operation produce feedback for (either or both)
modification of the application program and operating system.
In
the Information Age more people are learning the structural framework
of Operating System and Application Program and applying it as a
metaphor model for an increasingly wide range of conceptual systems.
This
is the way I see it: Law design structure framework is an Operating
System and a multitude collection of Application Programs. What law is
and what law does.
There is an ambiguity conundrum in
the structure of law. It is designed to be precise but where precision
fails it must be subject to judgment in application. That is the
problem.
Who and how should the law be judged?
It
is a feedback design loop that judges the law itself as well as its
application. When must the Operating system be updated? When must
application programs be changed?
The whole "Law" thing
viewed as a Problem Domain is in the bigger picture a Problem Domain of a
Social Operating System and its Application Programs. Putting it in
that frame subjects it to analysis in the terms of precise definitions
and meanings that domain. For example: Private and Public. Public
being Open Source and Private being --well--- being Private and
Proprietary in some degree of Ownership. Stakeholder is a concept of
the Information Age that relates to "Ownership" concepts of Public and
Private. The Public has a "Stake" in the Private sector Operating
Systems and Application Programs. That is an interesting point of view,
point of entry to the Private Domain. One that the Private Domain has
its own view regarding their prerogative's. A private view that they
own and are a stakeholder in the Public Sector Operating System and
Application Programs.
Who "Owns" What? What rights to
what property that is real or conceptual or has a real/conceptual
binding in terms of definition that ranges from absolute to whatever can
be "proved" to the extent of "fact". To the extent of whatever "proof"
or "fact is defined to be and mean?
Interesting thoughts on a Sunday Morning. A time every week to think about such bigger things.
The
bottom line of these thoughts is: The Law system has a fundamental
"Feedback Control Loop" failure. A failure of implementation at the
point of application that does not result in modification of the
Application```
Feedback Loop to modify system function
operation has both bug and a feature aspects depending on what entity
benefits from either aspect.
As a bug Feedback Loop
performs serves to identify and correct macro system rule design for the
overall improvement of systemic operation to accomplish the benefit of
system objectives. Or, below Operating system level modify Application
Programs to introduce exceptions to a rule within the domain of the
Application Program to benefit Application Program purpose and
objective.
Failure of the Feedback Loop to function
for Operating System and/or Application Program design intent is a
feature to entities that do not want change because it is not in their
self interest. What is a feature to that entity is a bug to a mority.
If the majority stakeholders in a system do not want a change in the
Operating System because it is not to their benefit then it is a good
thing....(unless they elect Trump but that is another matter related to
deceit).
https://en.wikipedia.org/wiki/OODA_loop
When
established methods to modify Operating Systems and Application
Programs do not work for the benefit of user groups there are options!
Social Media is a weaponized tool.
https://www.huffingtonpost.com/entry/opinion-biggers-student-walkouts_us_5a942e1ae4b02cb368c4382e
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