The Normative Inflationary Phenomenon and the Law no. 285/2004 on Copyright and Related Rights
The Normative Inflationary Phenomenon and the Law no. 285/2004 on Copyright and Related Rights

Summary/Abstract: The state supports its imperialism through the levers of the inflationary phenomenon, extending its power of coercion over as large a sphere of social relations as possible through imperative normative acts. When the individual understands his freedom in the manner of freedom of autonomy and freedom of participation, these levers will gradually break with every social relationship outside state regulation and thus there will be no more levers to propel imperialism. But how can the individual fight with all these levers that embody unjustified imperative regulations or unconstitutional normative acts? The solution is that of the normative option contract, a contract which is the basis for the application of optional and alternative rules. The law must be civilized. The civilization of law means that it must make the leap from taxation to communication. The essence of the law will no longer be the vertical application of the power emanating from the center, but the arbitration procedure that will admit pluralism in all areas of social life, without consecrating a single option to which the individual to submit, but will offer the possibility to to arbitrate between all these choosing the most favorable solution to freedom. This arbitration procedure will be in the hands of the individual who will have the freedom to choose the aplicable norm through the normative option contract. The freedom borrowed at the conclusion of the social contract can no longer be understood as legitimizing the state constraint, but as the right of the individual to arbitrate between various normative options recommended by the state and the right to propose such an option himself. Imperatively, also has its purpose and place in the legal system, but it must be limited to a strict sphere intended to protect rights, such as criminal law, leaving the normative space free for negotiation and the exercise of the right of normative option.

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