Marc Salomone / Email:
salomone.marc@neuf.fr
blog: madic50.blogspot.com / Book: The
Two Forms, ed. Amazon
Paris, Tuesday, May 19, 2020
CONTRIBUTION (43) TO THE NATIONAL
DEBATE WANTED BY THE PRESIDENT OF THE REPUBLIC IN 2020.
REFLECTION ON THE PARITY OF LAW AND THE
USE OF THE REFERENDUM.
(Continuation of reflection n ° 42 of
April 14, 2020 and previous ones. Cf.: madic50.blogspot.com)
THE USEFULNESS OF THE REFERENDUM TO SET
UP THE PARITY OF LAW AND EACH PERSONAL RESPONSIBILITY.
1) - Unity or dislocation
On May 18, 2020, Alain Duhamel,
professor at Sciences Po and political analyst, comments on
parliamentary upheavals and reorganizations.
It basically says: if the President
dissolves the National Assembly, he loses the elections. He is in
such a situation that if he proposed a referendum to validate a 30%
increase in the minimum wage, he would lose it.
It is foreseeable that the government
will have a close negotiation of the post-Covid-19 crisis with all of
its political and social interlocutors.
However, recourse to the referendum is
not a priori the useful way to address the various subjects of this
aftermath of the crisis. They are parliamentary, political, union,
financial, European, etc.
On the other hand, this circumstance is
an opportunity to resolve a question that it is never the time to
address.
The most visible characteristic of this
crisis is to question the unity of the social body, national or
European.
The refusal of the dislocation of
society and the strengthening of its cohesion also pass through the
association of right to the organization, the definition, the
exercise, of the Public authorities, deliberative assemblies and
administrative policies, of the sex which is is excluded or
marginalized.
The referendum is here in its place.
2) - The two forms
The relations of the two sexes are not
the only form of organization first of humanity, nor even the most
decisive.
1- The administrative form
This form organizes the infinite
combination of the two sexes. I call it the administrative form.
It is the combination of 1-0 for IT and
1-2 for administrative numbering taken over by Social Security.
It is the logic of the individual and
of the whole.
The first administrative policy was
religion.
2- The economic formThis form is that of economic and social relationships between men. It is that of the great conflicting masses.
Karl Marx defined it as "the engine of history".
It produces law, politics, science, etc.
3- The relationship of the two forms
The reference to the relationships of the “fascia” and the anatomical structures gives us an effective image of the relationship of these two forms to each other.
Wikipedia:
“A fascia is a fibro-elastic membrane
that covers or envelops an anatomical structure. It is made up of
connective tissue very rich in collagen fibers. Fascias are known to
be passive structures for transmitting stresses generated by muscle
activity or forces external to the body.
It has also been shown that they are
able to contract and have an influence on muscle dynamics and that
their sensory innervation participates in proprioception and
nociception. "
3) - History
The presence of both sexes in all
directions of society is one of the major conditions of
administrative universality.
In France, this question of the common
and equal action of the two sexes went through four stages:
1- 1789: creation of citizenship.
2- 1944: creation of the legal equality
of the two sexes
3- 1974: creation of the right to
abortion and therefore to the free disposal of their bodies by women.
4- 1999: creation of parity.
One of the common points of these
reforms is to present the accession of women to citizenship, to equal
formal rights, to the free disposal of their bodies, to the presence
in deliberative assemblies, as concessions of the sexes. dominant to
dominated sex.
The second sex:
a- Is invited to stand in an area
already fully occupied and completely administered by the opposite
sex.
b- He can be welcome, his presence is
not essential however.
c- He must settle in a territory which
is not his, in the places provided for this purpose, bring an
appearance of movement in these millennial codes, guarantee the
continuity of the effects of the device.
231 years after the revolution, 73
years after legal equality, 46 years after the Veil law, 21 years
after Parity:
a- The press reports that young girls
are more difficult to prepare for management careers because they
seem to them reserved for men.
b- It can still be said by the
competent legal authorities that the absence of women from
responsibilities comes from their incompetence which reduces the
number of those who can claim it.
C- The appointment of ten attorneys
general (the Judicial Power) can be done by the total exclusion of
women. None are expected to have the required competence.
4) - The glass ceiling
Developed societies cannot be content
to admire their success in terms of women's literacy, their right to
vote and to stand as a candidate, their control over their bodies,
their participation in public life.
By identifying the unequal relations of
the two sexes to a discrimination of one to which it is necessary to
make corrections, modern societies have certainly associated women
with all social activities but they have renewed the mechanisms of
domination of one sex over the other.
Inexorably, the mechanisms of
production of domination and subordination work.
They show flexibility and elasticity,
but, without everyone's knowledge, they oppose developments that
would call them into question.
Over time, a complex figure emerges
which, however, seems to be mistaken for it at the point of
departure.
Clearly, the rights of women being,
ultimately, a concession of men, it is foreseeable that they modify
or remove their concessions according to their wishes.
The media calls it the glass ceiling.
This formulation makes it possible to wait for all and see for a few.
5) - The recovery
We must therefore take up the thread of
past reforms, continue them, drive their logical finality which is to
install the two sexes not only equally but also equally, in the
functioning of the infinite succession of the two sexes which
organizes the administrative form.
1- Competitive parity
This continuation of the past effort
was undertaken by Prime Minister Lionel Jospin in 1999. He ensured
parity in the constitution.
By its formulation, the place of the
paragraphs in the articles of the Constitution, it however renewed
the logic of subordination of a sex to the other; from women to men.
He institutionalized competitive
relationships between the two sexes and noted in 1999 that "The
law promotes equal access of women and men to electoral mandates and
elective offices, as well as to professional and social
responsibilities. "
This law says that it is the parties,
that is to say the men, who “(They) contribute to the
implementation of the principle set out in the second paragraph of
article 1 under the conditions determined by law. "
This reform poses as a principle
competition between the two sexes for the occupation of positions
already entirely occupied by men.
Its sole purpose is to help women
overcome their initial handicap, as far as possible and by '' favor
''.
It has the defect of renewing the
primacy of one sex over the other, of men over women, by
subordinating their participation in the organization and definition
of public authorities, as well as in the execution of their politics,
to the `` favor '' of the parties, that is to say to the men.
The regulatory organization of this ``
favor '' does not contravene the quality of favor for the presence of
women and therefore the legality of their absence.
It is in the name of competence and
presence, which is declared conditioned by it, that the legal
institutions (Courts of Cassation, Constitutional Council, Council of
State) justify the absence of equal presence of the two gender in
elections and state offices, or even their absence altogether.
This reform can produce positive
results in certain assemblies.
In fact, this is only possible through
the accumulation of regulatory laws that ultimately overturn the rule
of law over regulation.
Experience shows that it has not
changed anything in the relationship of the two sexes to Power and in
its political, administrative and judicial representations.
b- The balance sheet
20 years later, this constitutional law
spreads its powerlessness to achieve a real exit from a relationship
of domination of one sex over the other.
Thousands of women are now invested
with public authority without this counteracting the reversals which
proliferate in all Western societies.
During the Grenelle of violence against
women, on September 3, 2019, the Prime Minister; supported by all
associations, political parties, parliamentarians, etc., defined the
legality within couples: "The first emergency is to protect
women victims of conjugal violence by ensuring them shelter fast. "
In other words: men are the legal
occupants of the accommodation and women, even if they are owners,
must be helped to have a charitable, temporary bed.
On September 25, 2019, during the
Grenelle Violence Against Women Grenelle, the Prime Minister
declared: "We have to face the springs of something that could
be described as collective bankruptcy."
All of society is worn out by the
continual maintenance of this institutional inequality of the two
sexes.
A dominant owes its domination to the
institutional erasure of the dominated. It is not surprising that
part of social reality is obscured by the need to constantly
reproduce this public blindness.
2- Legal parity
There are many other sources of unequal
relationships in society. However, formal subordination of women to
men can be legally abolished. Without this legal action, no real
rebalancing can be sustainable.
Instead of organizing competition
between the sexes, parity must recognize their inseparability in the
administrative organization of humanity.
The legalization of the social equality
of the two sexes is the inscription of the parity of right in the
Constitution and from there in the system of the laws and
regulations.
Individuals can be competitors. Both
sexes are not. They are there, present, everywhere, equally, by
right.
I therefore propose to reform the Constitution as follows:
1- to delete :
Art. 1, paragraph 2
The law promotes equal access of women and men to electoral mandates and elective functions, as well as to professional and social responsibilities.
2- Register
Article 1, paragraph 2
Public authorities, deliberative assemblies, directorates and hierarchies of public services, de jure, de facto, by delegation or circumstances, are constituted by the equal, joint, de jure, universal presence of both sexes.
2- Derivatives
When both sexes are present, equally
and by right, wherever public decisions are made, this presence
quickly takes the necessary measures for its effectiveness and
continuity.
Subordinate disputes such as the
incompetence of women, their insufficient number, their incredible
minority, the free will of voters and juries, do not hold from the
moment when these points of view are no longer legally dominant.
7) - The referendum
Legal parity is a change in principle
from administrative policy; it goes from identification to one sex to
identification to both.
It is not a legal arrangement. It is a
constitutional creation.
Its installation must therefore be
subject to direct consultation of the People, according to article
11.
The referendum would have to take place
in 2021 for its legal and practical effects to be defined during the
next five-year period. Unless the government of the day draws
immediate conclusions.
The Constitution also devolves the
referendum initiative to the public in the following terms:
“A referendum on an object mentioned
in the first paragraph may be organized on the initiative of one
fifth of the members of Parliament, supported by one tenth of the
voters registered on the electoral lists. This initiative takes the
form of a bill and cannot have as its object the repeal of a
legislative provision promulgated less than a year ago. "
The government is therefore no longer
the only party involved.
The Constitution now allows everyone to
take responsibility and no one can escape it.
8) - Conclusion
Pretending to administer complex
societies by the domination of one sex over the other and the
subordination of the latter is a ball that these can no longer drag.
To manage conflicts Europe has invented
a principle which has proven its effectiveness, freedom and its
derivatives, freedom of thought and expression.
It is frequent to chat on the place of
France in the world. She is here.
Marc SALOMONE
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