Books and documents:
Agustí Chalaux de Subirà, Brauli Tamarit Tamarit.
Agustí Chalaux de Subirà.
Agustí Chalaux de Subirà.
Agustí Chalaux de Subirà.
Magdalena Grau, Agustí Chalaux.
Martí Olivella.
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Chapter 16. The liberal society.
- Definition.
- Utilitarian society and liberal society.
- Inner organization of the liberal professions.
- Responsibilization of all free liberal acts.
- Mechanisms of effective separation between the productive-utilitarian
society and the liberal society.
This chapter is concerned with the minimum laws which must rule the liberal
society, in order to avoid the present confusion, which is so detrimental,
between utilitarian society and liberal society.
1. Definition.
In chapter 10 of Part Three we have defined
the liberal society as «a whole made by:
-
all the individual or collective persons dedicating themselves unselfishly
to the service of all the members of each community, without any personal
profit motive;
-
all the services given by them through an interpersonal relation and communication
with those it has in charge; and
-
all the remunerations that the community delivers to them to sustain them
and to allow them to offer the best possible services».
Individual liberal persons are well-known by everybody: the doctor, the
teacher, the solicitor, the mayor, the artist..., are very popular characters.
We shall now give a list, if not thorough at least quite complete, of
what we shall consider as liberal collectivities, either because they are
so traditionally, or because we shall apply to them the corresponding liberal
statute.
-
Archic liberal institutions
-
political-archic:
-
State (and the Armies and Police depending on it)
-
Justice (and the Police submitted to it)
-
civic-archic: Republics and Territorial-Autonomous Authorities (districts,
towns, counties, ethnic groups, interethnic groups, up to ex-empires at
present confederated into a larger empire better suited to the present
strategic conditions), and the Armies and Police depending on them.
-
Non-archic civic liberal institutions
-
national-permanent education and training; all the present and past cultural
services are included: pre-maternity, maternity, day nurseries, mother
schools, primary, scondary, professional, technical and higher schools,
special schools; faculties, universities; high studies, learning, reflection,
meditation, research centres, arts and crafts; sports; spectacles, amusements,
holidays; press and publishing, in all its classical and present day forms.
-
integral health: salubrity, hygiene, health, veterinary medicine, human
medicine, pharmacy, nursing, hospitals, social welfare, mutual help...
-
Guilds; labour committees and self-managing committees; Savings Banks.
-
Public Administration, in the service of all the previous liberal institutions,
archic
and non-archic.
-
Public works, repairs and services: water, electricity, transports...;
telematics in all its branches: telecommunications, computers, data banks...23;
all these services will become imperialized monopolies for technical effectivity
purposes, and for this reason they will show a liberal or mixed statute,
according to cases.
-
Free associations of citizens with non-profit aims, of all sorts and description.
Among them will have to be considered trade unions and political parties.
2. Utilitarian society and liberal society.
The utilitarian society (producing and consuming) and the liberal society
are, since always, radically different as far as their motives and their
social goals are concerned.
The utilitarian society is dedicated to the production and consumption
of utilitarian goods, objects and outer services to individuals, which
are useful because they satisfy their most material needs. On the contrary,
the liberal society is dedicated to give liberal services, which are not
external, but are practised on the persons themselves, attaining their
totality, privacy and depth as persons: education, the care of body and
mind, ruling, defence... are actions carried out in a personal dialogue
with each one.
While the utilitarian society is selfish and interested, acts on a personal
profit basis, sells and buys the utilitarian goods -called on the market
«merchandise»- the liberal society has always proclaimed itself
as altruistic and unselfish: for this reason it must offer its services
gratuitously.
In spite of this radical difference it is necessary to understand that
the utilitarian vocations, professions, activities and institutions are
as noble, legitimate and necessary as the liberal ones.
But the social devices which allow to put into practice the application
of this difference must be urgently established. It must be avoided as
far as possible the commercialization of liberal vocations, activities,
professions and institutions, a commercialization which always degenerates
into corruption, indifference, and escape from responsibilities.
The liberal professional with a true vocation will have to make do with
a social-financial solidarity salary, which will vary according to the
wealth of the geopolitical community; also the liberal collectivities will
have to accept the social-financial solidarity budgets, ordinary and extraordinary.
There will then be established specific laws which, while protecting
the freedom of action inherent to every person of liberal vocation and
profession, will be an effective guarantee of the necessary distinction
and separation between the utilitarian society and the liberal society.
3. Inner organization of the liberal professions.
The liberal vocation implies, in its practice, a great freedom. In the
same way as the utilitarian professional is submitted to a strong company
discipline, aimed at the greatest and best production with the least risk
and effort, the liberal professional follows a discipline freely agreed
upon and accepted by him and all his equals, and in agreement with all
the professional body, organized as a liberal Association.
This free, liberal Association, discipline is called «deontology»24.
Every liberal-local Association, autonomously confederated at an imperial
level, will freely etablish its own deontology and inner rules.
Liberal Associations will only need very stable basic laws, which will
only change when the social-cultural-technical progress so advises, concerning
basically:
-
Access to the liberal qualification by means of a probationary period:
this system is the best alternative to the stupid present system of applications
and competitive examinations. After satisfactorily finishing the professional
or university studies, any student wanting to be admitted to a liberal
qualification, will have to spend a probationary period with a professional
of the chosen specialty. This means that the candidate will start the practice
of his liberal profession under the guidance of a professional with experience,
who will act as instructor and who will finally decide on the ability of
the candidate to hold the qualification. Every Association will organize
in its own ways these probationary periods, and a specialized Justice will
be in charge of solving all the conflicts created about this basic legislation.
-
Financial-professional categories: The law will establish liberal financial-professional
categories by which all the Associations will have to abide. These categories
will be:
-
assistants: they have no specialized studies.
-
clerks: they have completed their specialized studies andare on a probationary
period to become professionals.
-
professionals: they have successfully overcome the probationary period.
-
higher professionals: professionals who have overcome a new probationary
period, after carrying out studies for a deeper specialization.
-
general professionals: they are acknowledged at an intraimperial level.
-
interimperial professionals: their position is acknowledged on an interimperial
level.
The ability and professional prestige of the professionals and of the
higher professionals is obtained by the above-described system of probationary
periods, and the general and interimperial positions are acknowledged by
the votation of equals in the local liberal-professional Association, or
in the several confederations of such Associations.
On the other hand, and only with respect to the social-financial solidarity
salary, the professionals registered in the three first categories, make
up also a section of equals in their respective Associations and will be
able to choose freely 5% of their numbers every year to go to the upper
category, while this election does not imply any new professional ability.
So the door will stay open to the social illusion of those who, for whatever
reason, cannot expect more in their liberal profession. It must be pointed
out that at any time, just by carrying out the necessary studies and probationary
periods, any assistant will be able to become a professional.
-
A basic system of elections and successions in any liberal collectivity:
all the indications we have given in chapter 11
on the bodies of archic rule, are now spread to any rule
inside any liberal collectivity. That is, all collectivities, of whichever
sort (of political archy; of justicial archy; of civic archy;
non-archic civic ones) will have to apply the same democratic elections
and successions system of the free responsible rule. On the other hand,
this basic legislation will not be applicable to the utilitarian society,
which
is organized according to very different principles in choosing the persons
who will have the control.
The basic system of democratic elections will imply:
-
Ruling bodies
All the liberal collectivities will have the following ruling bodies:
-
an executive ruling body, elected by universal and direct suffrage of all
the members therein registered and who will submit to the rule;
-
a legislative ruling body, elected also by universal and direct suffrage
of all the registered members;
-
a consulting body, made up by liberal professionals elected by their own
Associations, compulsorily to be consulted in any legislative matter attaining
the relevant profession of each chamber.
These three bodies, very well differentiated, must be very well separated
in their build-up and their constitution, and must be completely independent,
so that each one's functions may be carried out effectively. It must be
absolutely avoided both the executive parliamentarism and the factual power
of non-elected officials or consultants.
-
Executive authority
The executive authority, fully independent in its decisions, must be
concentrated in one only person in charge of it, in order to uphold both
the personal responsibilization of every free act of executive rule, and
the harmony and clearness of the ruling trend.
In order to uphold the continuity of the executive rule through the
necessary discontinuity of the individuals who have carried it out -without
this discontinuity the executive rule degenerates into irresponsible power-
within the Executive Council (made up by three to seven persons) there
will be established a rigorous succession order. Every time the monarch
(that is, the President of the Executive Council) ceases his functions,
either through legal ceasing, resignation..., or death, it will be foreseen
his immediate succession by his first counsellor and successor; this will
be succeeded by the second counsellor, and so on, so that there will be
a vacancy for the post of the last counsellor and successor, for which
elections will be called. This system has also the advantage that the monarch
reaches the post of highest responsibility with an accumulated long experience
in government.
-
Candidates to ruling posts
Every candidate to an executive or legislative ruling post in a liberal
collectivity, must have himself registered as candidate in an exactly stated
candidature; from that moment he will have a liberal statute of candidate,
which will entitle him to a social-financial solidarity salary as candidate,
and to an electoral campaign budget, identical to that of all the other
candidates to the same post.
Candidates will have to be necessarily registered in the census of
the liberal collectivity to whose rule they aspire.
For the liberal professionals are foreseen the following restrictions
as far as the candidatures in the bodies of archic-politic and archic-civic
rule are concerned:
-
they will not be eligible to legislative functions;
-
they will only be eligible to executive functions on an exclusively personal
basis: that is they will not be able to represent any political party nor
civic partisan movement;
-
they will not be electors in any election to executive or legislative functions;
-
on the other hand, they will be the only electors and eligible through
their respective Colleges to the consultive functions.
The reason for these restrictions is that the liberal vocational individuals
must be at the disposal of all the geopolitical community, and not dedicated
to the defence of any given party interests.
4. Responsibilization of all free liberal acts.
As in the case of the productive-utilitarian society, in the liberal
society every free act demands the automatic personal responsibilization
of its author.
To solve the conflicts created around the previous basic laws and of
those we shall explain in the following section, a Justice specialized
in professions, Associations and liberal institutions will be created.
If it is necessary, because of the peculiarity of a profession, Association
or given institution, a Justice specialized in them will also be created.
This will be, for example, the case of a Justice specialized in posts of
archic
rule (political, judicial or civic).
In fact, these posts of supreme responsibility are of great social importance:
for this reason, every person having held such post, will have to pass,
at the end of his term of office -whether it be foreseen constitutionally
or legally, or of dismissal, or even in case of death- through the specialized
Justice which will judge his archic action. After the normal examination
of the case, the judge will give out the sentence, both according to form
or to personal conscience; the sentence may be either very favourable,
or favourable, or doubtful..., or condemnatory, with a higher or lower
degree of importance; in this case, penalties will have to be typified
according to the established degree of importance.
Of course, the aim of this judgement (and of any other) is not the imposing
of the penalty in itself, but the exemplarity of the case examination,
publicly made in front of all the geopolitical community.
As we already know, in the examination of the cases Justice will have
an unsurpassable instrument for the documentation of the monetary responsibilities:
the pro-telematic cheque-invoice.
This is valid both for the utilitarian society and for the liberal society.
This one also has a monetary dimension, made up by the social-financial
solidarity salaries and budgets of every liberal professional, and by the
social-financial solidarity budgets of every liberal collectivity25.
To which use each professional and each liberal collectivity will put
this purchasing power of communal origin will always be documented by the
given out cheque-invoices.
In the case of liberal collectivities however, the law will demand that
in each of them there be one single manager, personally responsible of
the budget management.
5. Mechanisms of effective separation between the productive-utilitarian
society and the liberal society.
As we have already said, it is necessary to establish the mechanisms
which will make effective the radical separation and distinction between
utilitarian society and liberal society and, above all, between the productive-utilitarian
society and the liberal society; because, in fact, the liberal society
has also a utilitarian-consumer dimension.
In fact, the liberal society as such, in itself has nothing to do neither
with the production nor with the consumption of utilitarian goods. Now,
the members of the liberal society -the liberal professionals and collectivities-
because they are living persons need, as any other, to consume in order
to survive in the first place, and to live well afterwards. In this sense,
then, they participate of the utilitarian-consumer society, -not as liberals
but as persons-.
On the other hand, it is necessary to consider the liberal service and
action as a highly effective active factor of production. The liberal action
produces the development of a cultural and social environment, pacific
and harmonious, which becomes highly propitious to a growing production
and productivity.
The liberal society then has a double right to the consumption of utilitarian
goods: the right which has every born person, and the acquired right for
its indirect contribution to the utilitarian production.
But it is not the market which must take care of retributing the individual
and collective members of the liberal society, as then we would fall necessarily
in the negation of the liberal essence, in the shameful commercialization.
It is then the whole imperial community which must acknowledge and make
effective the right to consume of the liberal society. From this viewpoint,
we have suggested the communal financing of the liberal society, through
a liberal financial Statute, which drives to a radical monetary separation
between the productive-utilitarian society and the liberal society: while
the purchasing power of the productive-utilitarian society is of private
origin, generated by the the market itself through its salary remunerations,
the liberal society has only a purchasing power of communal origin, generated
by the single omni-solidarity duty, and only to be used to satisfy
consumption
needs.
The liberal professionals then will have only a current account of consumption
savings, opened in the Savings Bank of the district where they are residents.
This current account will be fed by the Treasury with a social-financial
solidarity salary of liberal professional, which must ensure the satisfaction
of the consumer needs of these professionals and their families to the
highest possible level (but always in accordance with the effectively available
communal resources); an ordinary budget for the practice of the liberal
profession will also be paid and, when necessary and if the community can,
an extraordinary one: this budget will allow each professional to practise
his profession with the help of all the most advanced technical and material
means in the field.
On the other hand, the liberal collectivities (liberal bodies and free
associations of citizens without profit) will also have current accounts
of consumption savings opened in the Savings Bank they prefer or, if they
are not very important, directly opened at the Treasury. These current
accounts will be fed by the ordinary budgets foreseen (in direct accordance
with the number of members registered in each collectivity) and by the
extraordinary budgets which will be granted to them, according to an order
of preferences and in accordance with the financial possibilities of the
imperial community.
This full financing of the liberal society by the imperial community
ensures the full monetary independence of the vocational individuals and
of the liberal collectivities with respect to the productive-utilitarian
society and, in this way, suppresses from the root the bases of all commercialization
of the liberal service: the monetary evaluation for the elementary liberal
act when, in essence, the liberal service is free, unmeasurable and invaluable.
The other immediate consequence of the communal financing of the liberal
society is the complete gratuitousness of the liberal services for all
the members of the empire, which have a full right to them.
Finally, so that the separation between productive-utilitarian society
and liberal society be complete, it is necessary to legislate the necessary
professional incompatibilities between both social sectors.
Nobody practising a liberal profession will be able to practise at the
same time a utilitarian profession, and viceversa.
Now, everybody will be free to go from one profession to another, when
he so likes. For a liberal professional the step is easy: he will just
have to give up his liberal financial statute, and start as a utilitarian
professional: On the contrary, a utilitarian professional wishing to set
up as a liberal professional, will have to give up all his properties and
interests of a utilitarian type, and to entrust them to a Bank of Deposits,
Confiscations and Consignations, which will be in charge of their administration;
while the ex-utilitarian professional has the liberal statute, he will
loose the usufruct of these goods, but not their property, and the above-mentioned
Bank will accumulate the usufructs, which he will recover if he decides
to give up the liberal statute and to go back to the productive-utilitarian
society.
On the other hand, while in the utilitarian society there will be no
incompatibility set out, and every utilitarian professional will be able
to accumulate as many occupations and remunarations as he wants, in the
liberal society it will not be allowed for each liberal professional and
collectivity more than one only and well defined function and, therefore,
one single social solidarity salary and one single liberal budget.
Notes:
23Even
if at the beginning only the telematic monetary network will be imperialized,
in the long run it will be necessary to attain a total imperialization
of the telematic services.
24«Deontology»
comes grom the Greek participle «deon, deontos» which means
«what is suitable (in this case, what is suitable to one's own dignity,
and that of the group»).
25See
in chapter 14 the section dedicated to the financial
Statutes and, more specifically, see the Liberal Statute.
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