Marc Salomone / 06.28.22.88.96
/ Email: salomone.marc@neuf.fr
blog: madic50.blogspot.com / Book: The
Two Forms, ed. Amazon
Paris, Wednesday, April 3, 2020
CONTRIBUTION (44) TO THE NATIONAL
DEBATE WANTED BY THE PRESIDENT OF THE REPUBLIC IN 2020.
REFLECTION ON THE PRESENCE OF TWO
SEXES, BOTH FORMS, THE REFORM OF THE CONSTITUTION. (Continuation of
reflection n ° 43 of May 19, 2020 and previous. Cf.:
madic50.blogspot.com)
TO RECOGNIZE THE PRESENCE OF THE LAW OF
BOTH SEXES AND END THE MASCUNLINE CHARITY TOWARDS WOMEN.
Chapter 1: A State Affair
1) - Le Grenelle
On September 3, 2019, in his opening
speech of the assembly of feminist leaders known as “the Grenelle
of violence against women”, the Prime Minister, Edouard Philippe,
noted the link that there is between the social processes of
domination men on women and so-called domestic violence.
For this, he takes up the question of
an abused woman:
"One of our fellow citizens,
Christine, writes me that she is wondering" where is the justice
". And that she finds "this justice of men unacceptable".
He places the answer under the
responsibility of the governments:
“Christine's question is
unsustainable, for each of our fellow citizens, and more particularly
for those, including myself, who are responsible for finding
solutions. "
2) - The two emergencies
At this Grenelle, the Prime Minister
addresses two emergencies:
1- The technical emergency
It responds to the urgency of the
moment. It is about protecting the flight of abused women.
"The first emergency is to protect
women who are victims of domestic violence by providing them with
rapid shelter."
This meeting will therefore have had
the merit of taking such measures.
2- The institutional emergency
But, through his examples and comments,
the Prime Minister tells us that Christine's question requires the
state to respond to another emergency.
a- This dates from before the invention
of emergency accommodation:
“For centuries, these women have been
buried under our indifference, our denial, our carelessness, our
age-old machismo, our inability to face this horror in the face. "
b- It relates to the organization of
the company:
"Because marital violence is not a
dispute between couples where the wrongs are shared: it is a process
of sexist control, so ingrained in our mentalities and our practices
that some men have become used to impunity. "
c- It calls for a change in the policy
of institutional frameworks.
"The government is fully
mobilized, but we need you, your expertise as an association, a
parliamentarian, a local elected official or a professional on the
ground, whether you are a police officer, gendarme, magistrate,
social worker, doctor, teacher, head of a shelter, mayor. Because our
responsibility is collective, work must be collective. "
d- It requires a radical change:
"It is at this price that this
Grenelle will be able to radically change things"
3) - The reality of the law
Christine is not confronted with an
isolated moron but with an authority which benefits from "the
justice of men"
This inclusion in the functioning of
"justice", that is to say in the force of law, has the
primary effect of placing women outside the law at home.
A woman can be “chased away, by an
alcoholic and violent spouse, from her home” because, even if she
owns the apartment, “men's justice” legitimizes the occupation of
the premises by the man and disqualifies the rights of women
occupying the premises.
4) - The preponderance
a- The present
As much as the criminal cretinism of
such people, it is also the respective legal position of men and
women that these violence renews.
The reason why "justice" is
that of "men" is that the legal, constitutional authority
ultimately recognizes the legal preponderance of men over women.
It happens, often well, frequently
moderately, sometimes very badly.
b- The future
The Prime Minister indicates that the
radicality of collective action is part of the answer: “Because our
responsibility is collective, work must be collective. It is at this
price that this Grenelle will be able to radically change things ”
This radicalism must first restore
order to the law by formulating that it is up to the violent to leave
the scene and not to the battered and the children to seek refuge.
5) - The place of the debate
The Grenelle of violence against women
certifies to us that the democratic progress of social relations
between the two sexes is not stable, even lasting, as long as the
legal question of “justice of men” is not tackled and has not
received the first decisive responses.
The place for this debate is the
electoral system.
This is where women have publicly
installed themselves as equals with men in society.
This achievement made it possible to
give a public, political form to the debate on the administrative
inequality of the two sexes.
The administrations, public or private,
can do without women and not men.
6) - The Jospin reform
The first reform which tackled this
question, in 1999, on the initiative of Prime Minister Lionel Jospin,
had the merit of having opened the breach in the legal domination of
one sex over the other.
However, it maintained the legitimacy
of gender inequality by transforming dominance into precedence. She
moved the question. She did not answer it.
Art. 1, §2: “The law promotes equal
access of women and men to electoral mandates and elective functions,
as well as to professional and social responsibilities. "
Art. 4, §2: “(the parties) They
contribute to the implementation of the principle set out in the
second paragraph of article 1 under the conditions determined by law.
The "law", the "parties",
are already there. They are responsible for doing something to
integrate women who are outside into the institutional game which
they have naturally led for a long time. And this, while no rule has
changed. In fact, "favoring" is not a legality.
What can they give other than the
perpetual renewal of preponderance, or precedence, of men?
7) - The two Parities
1- Competitive parity
The Jospin reform can be called
competitive parity since it puts the sexes in competition for the
positions to be filled
2- Legal parity
So what is needed is to move to legal
parity.
Both sexes are present by right where
they are organized.
The following discussion is devoted to
the study of this reform.
Chapter 2: Legal parity
8) - Elections and gender
Elections are only possible because the
two sexes are the only actors in the vote.
The formal equality of the two sexes,
their lack of distinction in the electorate and the ballot, is
therefore the only reality to be taken into account in an electoral
procedure.
9) - Human sovereignty
The primary function of modern
elections is to act that men are the only ones to decide for
themselves.
Extra-humans can inspire them, they
cannot decide for them.
The election is humanity which
expresses its sovereignty.
Thus, at the same time that he
destroyed the order of the Templars and that he bent the Pope, King
Philippe Le Bel convened the first assembly of the States-General;
women are "summoned".
Consequently, the chief executive has
the monopoly on the legitimacy to say the just and the State will
become the producer of the justifications on which he bases his own
decisions. cf. Wikipedia.
There is no election if there has not
previously been the eviction of extra-humans from the field of the
organization of public authorities.
10) - The certificate of humanity
The principle of voting refers to
society. It is the place of its political creation.
When the vote takes the form of
universal suffrage, it acquires the capacity to define humanity.
Men being alone in the management of
public powers, the question therefore arises of the definition and
the delimitation of humanity.
You have to know who is going to vote.
The arrival to vote of both sexes is
inevitable from the moment when the right to vote is a control and a
certificate of humanity.
That is why all electoral systems have
passed to universal suffrage and gender equality. Censorial and
monosexual suffrage can only be in this context a particular and
untenable sequence of universality.
11) - The glass ceiling
The formal equality of the two sexes in
the right to vote settled from the end of the 19th century.
Leaving the limbo of the heroic
conquest of a right, the formal equality of the two sexes confronted
with its consequences can appear to bring the proof of its inanity.
Indeed, the formal equality of the two
sexes during an election invariably produces a real inequality of the
two sexes in the results of the vote. The male sex is overwhelmingly
majority among the elected.
12) - Indistinction
The method of equality is
indistinction.
The indistinction of the two sexes
signifies their joint presence.
Their distinction makes possible the
absence of one or the other.
The voters are identical to the voters
and the two merge in the same voting procedure.
On the other hand, when the elected
representatives are systematically men, and we know that the massive
presence of women is due only to obligations outside the vote, this
raises questions.
If we think that elected officials are
the product of equality, of the sovereign choice of equal persons,
and that the candidacies of both sexes are free, then the fact of
this male domination in the results of the vote calls into question
real equality of both sexes.
One is clearly seen by both to be more
capable than the other.
The choice is free, so it's an
appreciation. It is widely shared.
Equal voting questions the equality of
the capacities of both sexes to exercise public responsibilities,
including that of voting.
What the media call the "glass
ceiling" also presents itself as a capacity ceiling.
13) - Uncertainty
This is so because the concept of
equality of the two sexes imposes its obviousness but it does not say
which.
There are two sexes, they are equal,
they vote without distinction; is.
But what does equality produce in the
entire course of the election?
I am a voter, I vote.
But the question of equality arises at
what time of the vote and its consequences?
a- Voters are individuals and a
collective. They are the voters or the electorate.
b- Elected officials are individuals
and a collective. They are elected or members of an assembly.
c- Where does equality stand, in the
composition of individuals or in that of collectives?
How does it fit?
14) - The two sectors
Why was a distinction within the same
"cause", that of equality, imposed in the governance of
States?
a- Equality goes without saying for
electoral lists.
b- It becomes complicated, even
insoluble, for the composition of elected groups, therefore
assemblies.
This "cause" includes logical
breaks that we call here "sectors". They impose their
practical consequences.
Sector 1 is equality. Equality is the
addition of the two sexes.
Sector 2 is parity. Parity is the
presence of equal rights of two sexes.
Sector 1:
It applies to all legal situations
where male unity can be doubled with female unity.
Women can be wherever the
administrative, organizational unit can be dual.
The duplication allows the equality of
the sexes by their presence in the double.
The presence of women satisfies the
ideology of the complementarity of the two sexes.
This right is constructed, it is
equality: in this case of the two sexes.
Sector 2:
It applies to all legal situations
where the unit cannot be split.
Women cannot be where unity is one
because space is already taken.
In these circumstances, women can be
next to men. They cannot be in their place.
The uniqueness of the function breaks
with the complementarity and presents women as spoilers, predators,
expropriators.
This uniqueness of the occupation of a
place modifies the functioning of the principle of equality.
This principle becomes parity.
If there is a need for parity then it
is that there are fields where the unit cannot split.
15) - The two forms
Voting and its result, equality and
parity, therefore belong to two distinct social structures; the
questions and the answers are different.
These realities that concern us here
belong to two intertwined, even fusional, but distinct forms. cf. The
two forms, ed. Amazon.
1- The economic form:
a- It governs socio-economic
structures. It produces states and civil society: politics, law,
philosophy, citizenship, elections, rationality, etc. Equality like
inequality, freedom like slavery, economic systems, etc., are
conceivable.
b- It is the shape of large or small
human masses, majorities and minorities.
2- The administrative form
a- The administrative form is the
infinite combination of the two sexes, the 1-0 of IT or the 1-2 of
social security.
b- The first ruling administrative
ideology was religious ideology. It imposed its total logics until
the invention of secularism.
c- The religious ideology rests on two
pillars: the extrahumans and the subordination of the woman to the
man.
d- It functions by the fabrication of
the individual and of the whole.
3- Reports of the two
The relationship from one form to
another can be clarified by the description of the fascia and its
role:
"A fascia is:
a- A fibro-elastic membrane which
covers or envelops an anatomical structure.
b- 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 ”.
4- The election is a political act (the
masses, the law) which intervenes in an administrative structure (the
1-2) and imposes the equality of citizens and sexes in this space
where secular religious influence made it impossible in this
provision.
16) - The whole
According to the administrative
language of totality and individuality; the path of universal
suffrage defines humanity as being a genetic whole.
It is made up of two sexes and nothing
else.
Becoming a vote of both sexes, the
election manifests its administrative form which is the infinite
combination of the two sexes; the whole and the individual.
1- On the one hand, the totality
reached an equal distribution of the two sexes for the elections.
2- On the other hand, it produces a
discriminating elective distribution of both sexes
17) - Logics
This is so because the particular
administrative logic of the electorate is organized by politics.
The latter got rid of extra-human
ideologies and sexual dominions called otherwise religious which
always organizes the administrations of candidates and assemblies of
elected officials.
The particular logic of deliberative
assemblies is indeed always shared between:
a- Political principles, that is to say
equality and the exclusion of extra-human ideologies in the exercise
of its political functions. The political or economic form conditions
political groups and the passing of laws.
b- The principles of these same
ideologies in its administrative composition. In the individual
reports of all their members, the assemblies retain a distinction
between the sexes.
It is not compulsory for the ordinary,
administrative functioning of the assemblies that both are present.
In other words :
1- Politically, the deliberative
assemblies are citizens and egalitarian; at least virtually.
2- Administratively, the same
assemblies reproduce the religious base of the domination of men over
women and the inferiority of these.
18) - The discontinuity
Citizens may have the impression that
universal suffrage will (even gradually) bring about an identical
gender distinction among elected officials as among voters.
In fact, there is no administrative
continuity between the electorate, or electoral body, and the
electivity, or body of elected officials.
1- When an elector enters a polling
station, he is in a high place of administrative form.
However, the latter's ideology of
function comes from the economic form via politics. This place
operates gender equality, of citizens.
2- When he puts his ballot in the
envelope then in the ballot box, he does not vote in the continuity
of the electoral administration where he is.
3- It intervenes in a sector of the
administrative form which is distinct from the electorate and which
still ensures the primacy of the ancestral ideologies of relations of
the two sexes.
4- I call it electivity or elective
totality.
5- It is made up of the candidacy
administrations, elected officials, groups of elected officials.
19) - The break
There is, even within the polling
station, the expression of a break in continuity between the
electorate and the electivity.
This break in continuity begins with
the candidates and the administration of the candidates. Men are more
likely to be elected first because they are more likely to run and be
introduced.
This is because the candidates and
candidacies are from the same particular administrative sector as the
elected officials and electives. They are part of the same
continuity.
This discontinuity between the
electorate and the elective bloc is twofold:
1- It is objective in the sense that
the two activities are distinct and give rise to different logics.
2- It is logical in the sense that:
a- One of the administrations is
governed by political logic.
b- The other is governed by the
administrative logic still subject to the ideology of distinction
between men and women.
It shows the progressiveness of
secularization, politicization, of the administrative form whose
first public ideology was religion.
In all countries of the world, the
equality of the two sexes was first of all the indistinction within
the electorate accompanied by the eligibility of women and by certain
rules of law allowing the formal equality of the two sexes.
Outside the polling station, there is
no salvation for equality and the presence of rights of both sexes.
20) - The solution
The equality of the two sexes therefore
does not fail to impose the indistinction of the sexes in the
administrative branch of electivity.
The absence of women in the assemblies,
their small number, their powerlessness to really modify the social
relations between the sexes, does not stem from the incapacity of
this sex.
Electivity is governed by mechanisms
separate from those of the electorate.
It is therefore by removing the effects
of these principles on electivity (candidates and elected officials)
that the indistinction of the two sexes can be found in assemblies.
1- For the training of the electorate,
politics has replaced archaic ideologies. It imposed equality of the
sexes which we forget too quickly that it was not self-evident.
2- For the formation of electivity,
this operation is to come.
Politics must impose, not the equality
of the sexes which is already acquired, but the indistinct presence,
of right, of the two sexes.
21) - Individual and totality
The question then arises of the
adequacy of the two singular administrative forms; the electorate and
the electivity.
One cannot understand the mechanisms of
universal suffrage without distinguishing the individual and the
whole.
Voters do not exist without the
electorate.
Applicants do not exist without the
application.
Elected officials do not exist without
electivity (candidates and elected officials)
The electorate is made up of the gender
distinction.
Its organization is prior to voting.
However, each voter votes according to
their own judgment and by secret ballot.
The candidacy is a totality, an
administration, informal managed by multiple forces.
The candidate is the product of the
application but it is unique.
The electivity is made up of a
multitude of groupings which therefore constitute a legal force for
its members.
Contrary to the electorate, electivity
only takes on its meaning after the election.
The candidate is the caterpillar, the
chosen one is the butterfly.
In summary
a- The equality of the two sexes is
valid for the composition of the electorate. The list of electors is
common.
b- This equality therefore ensures the
right of each citizen to vote in the same way as any other.
c- On the other hand, it does not
ensure the indistinction of the vote of each voter. These votes are
specific and secret.
d- The equality of presence of elected
representatives applies to the composition of electivity. The
presence of elected representatives of both sexes is equal.
e- For the electorate, equality is a
precondition for voting. The voters' indistinctness defines the
electorate.
d- For electivity, the device is
distinct.
e- Elected officials organize their
presence in accordance with the rules of equal presence of both
sexes.
22) - What to do?
The legal principles of gender equality
apply only to the whole and not to individuals.
1- Gender equality in elections is not
a matter for the voters but for the administrative organization of
the electorate.
a- A voter is not a voter. She is
unique.
b- The equality ratio only concerns the
membership of one and the other in totalities such as the sexes and
the electorate.
2- The equality of presence of the two
sexes in the assemblies, known as parity, does not depend on the
choice of the voters but on the legal organization of the electivity.
3- Gender equality for elected
officials cannot be prior to the election. It is the equal presence
of the elected representatives of both sexes in the assemblies; after
the election.
4- The law must therefore provide that:
a- The assembly, in the capacity of
elected officials, organizes the equal presence of elected
representatives of both sexes in the assembly.
b- This parity in the assembly requires
that the administration of candidates prepare candidates of both
sexes.
c- The electoral administration
organizes the vote in such a way that the assembly of elected
officials can organize there the equal presence of both sexes.
23) - The parties
The entire candidate administration was
officially named as such by the constitutional reform of 1999. These
are the political parties.
In France, at the end of the
constitution, since the joint reform of 1999, the parties are the
representatives of the elective administration:
Article 4:
paragraph 1: "Political parties
and groupings contribute to the expression of suffrage ..."
paragraph 2 “They contribute to the
implementation of the principle set out in the second paragraph of
article 1 under the conditions determined by law. "
There is nothing to change.
The parties constitute the elective
whole:
1- The candidates only present
themselves to the voters, and do not stay between two rounds, except
by the acceptance or the will of the parties.
2- Assemblies accompany the equal
presence of elected representatives of both sexes only through
political groups.
24) - Individual freedom
The obligation of equal presence of the
two sexes which is made with the assemblies does not oppose the free
will of the voters.
Voters vote for the candidates of their
choice, whose candidacy complies with the rules of suffrage and in
the forms provided by law.
On the one hand, these candidates are
nominated, by the parties or by groups.
On the other hand, when voters vote for
lists, when the law provides for mixing, when candidates call to vote
for another in the second round, or when a candidate misses his
registration, etc.
In all these cases where the voters'
free will is void, no one declares that their freedom to vote is
legally distorted.
The presentation of such and such a
candidate for voting does not depend entirely on the voters. These
are routes completely independent of the election.
The elector's sole function is to vote,
in secret, for one of the candidates whose ballot papers are
presented to him on the table at the polling station.
25) - The proposal
I therefore propose to reform the
Constitution as follows:
1- 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.
26)- The historic effort
Parity seems complicated to acquire. On
the other hand, the right to vote and formal equality seem to have
been obvious, almost easy.
It is not so.
1- The unit
On April 21, 1944, General De Gaulle,
co-chairman with General Giraud of the French Committee for National
Liberation (CFLN), signed the order presented by the Consultative
Assembly of Algiers: "Women are voters and eligible under the
same conditions of man. ".
The MPs did not want it at the start.
They rallied to the formula of the communist deputy Fernand Grenier.
De Gaulle was not a feminist. He signed
on the spot.
Without this unity and the intellectual
courage of these people who had been trained in the responsibilities
of a contrary opinion, France would have missed the future.
2- The principle
On April 21, 2017, the Minister of
Justice Christiane Taubira gave the way to conquer women's rights:
“No, neither given nor granted, conquered! By generations of
obstinate, ingenious, courageous, resistant women. Thank you."
27)- Conclusion
How long will women still be considered
guests, even baggage?
It is time, it becomes urgent, that
again, with a stroke of the pen, France will erase its past and
dictate its future.
Marc SALOMONE
