Here are just a few thoughts on the text I wish to produce, without implying this should be a doctoral thesis that we discussed. I would like to come up with a text that might serve as a doctoral thesis, but it would remain primarily a wide reaching communication attempt. I would like it to be light on a reader without sacrificing any depth, to be very informed but transparent. I want it to reflect some artistic approaches and methods without stopping to be scientific, but never showing that it is scientific. I have some ideas how to do it, but do not know how passable it is for any scientific degree purpose. I will be historic and its perspective but contemporary and applicable in its delivery and usefulness. I would like to mess up some of the science but intend to do this using scientific rigor and discipline.
The text would ideally show that our (modern societies’) boundaries are more flexible that we think and that we have more strength and room to move and adapt then we are aware of. Liberty might be greater than we suspect and are concerned about. It would like to show that law is a concept of certain limits, and that its role in contemporary societies is not the role it will have in the societies we are constructing.
Instead of laying out here some detailed plans, I am attaching one of my old texts, written some fifteen years ago, and published in IDEA, a US periodical in the beginning of Nineties. Needless to say, my thinking evolved a lot, but it does stem out of the attempt reflected somewhat shyly, but stubbornly nevertheless, in this text. I wanted to show then, and I still do that most of the categories in which we express “reality”, including i.e. what we call in civil law “legal institutes” (and US lawyers don’t) are pure, arbitrary constructs, mere approximations of other notions lost in ever finer segments of “modern” scientific approach and overlooked because of the predominant accepted theories in a given paradigm. For instance, I concluded at the time I wrote that article that property and Freedom are the one, single and undistinguishable kernel of life that makes us (after someone asked why we write one with big initial letter F and the other with small letter p). We do not have one without the other, nor once we have them, should we distinguish them from other, non legal concepts.