Tag: Social Domain

Chapter 28. The Justice of the Discontinuum and the Short-Circuit of Immanent Rights

Salvatore LeonardiComunitàLascia un commento

Abstract: Applying the “Theory of the Three Domains” to the legal architecture of the State, this chapter unveils the short-circuit that has destroyed the efficacy of the Western judicial system. Historically, laws were born to operate in the Social Domain: their exclusive purpose was to protect the ecosystem, sanction the pathogen, and extinguish the thermodynamic fire of the community. Today, however, the legal system has been forcibly rewritten to operate in the Immanent Domain of abstract rights. Through the analysis of the historical collision between old codes oriented towards the Nation and new Constitutions oriented towards the individual (a phenomenon diagnosed by scholars such as M. Villey and R. Hirschl), the text exposes two emblematic clinical cases: border management and abusive squatting. It thus analyzes the figure of the contemporary judge, victim of a profound functional schizophrenia: called upon to defend the community, he finds his rulings turned into “scrap paper” because procedural codes protect the aggressor. Justice, uprooted from its organic nature, transforms from an instrument of healing into the bureaucratic arm of entropy.

Chapter 20. The Three Domains of Interaction: The Biology of the Clash

Salvatore LeonardiComunitàLascia un commento

Abstract: Why do conflictual interactions in today’s Western society systematically resolve to the advantage of those who attack the rules? The Mechanics of Community answers this by formulating the “Theory of the Three Domains.” Human action is biologically pre-wired to operate on two natural levels: the Environmental Domain (physical space) and the Social Domain (micro-communities and Roles). In these domains, to guarantee our survival, our DNA uses two formidable cognitive engines in synergy: System 2 (for cold planning) and System 1 (for instinctive action in emergencies), assigning a precise role to every element: “Threat” or “Resource.” However, the modern State has forcibly inserted a third, artificial level: the Immanent Domain. This architecture imposes a schizophrenic “Double Role” on social space: it forces the victim to process the aggressor simultaneously as a lethal threat and as an untouchable bearer of sacred rights, turning off System 1 by law. This gigantic short-circuit sends the defender’s mind into a tilt, generating a cognitive overload that hands the absolute tactical advantage to the attacker.