LA DINÁMICA DEL DERECHO Y SU APLICACIÓN MECÁNICA.

Abstract

This paper attempts to reflect the supposed technical/mechanicist background of the highly technically and legally developed registration systems that arose in continental Europe in the second half of the nineteenth century. The illustrated studies of the era used to mull over the advances of the Natural Philosophy that sprang up in earlier centuries (the 16th and 17th). In the legal world, those advances crystallised into special laws supplementing the civil codes that had a standardised regulation of «static» property (Napoleonic model). Reform of those civil codes was insistently demanded by the evolution of advanced societies, in order to regulate and propel the «dynamics» of law in an era characterised by the intense movement of its real and personal elements, currently radicalised by the massification and globalisation of the world economy. As a consequence, today's man is embroiled in multiple fictions favoured by publicity as a means of disseminating that symbolic network that dominates real life and that can give rise to an «official» life that is sometimes different. According to BENTHAM, the legal order that an «official» life imposes, which is sometimes different from real life, is no more than an interest- adjusting «mechanism» to provide security as a guarantee of freedom by means of the necessary reconciliation of individual rights and general or common rights. In modern societies it is clear that security depends on publicity, which eliminates the risks of clandestineness. But not any registry will do. Germanic-style, highly technically developed registries of rights stand head and shoulders above the rest, and nowadays they are complemented by an advanced utilitarian mechanicism, one result of which is that registration publicity by itself can be appreciated as a form of «mechanical authentication» when it is preceded by a strict, professional, responsible examination of registrable acts for legality and the formalism imposed to guarantee document certainty: This is scrutiny by property registrars, which, in a cunning symbiosis with rational judgement and publicity mechanics, enables the rights proclaimed in registration entries to be accorded the value that stems from the principle of registrar-attested authenticity, supported by constitutional legal protection. (A thorough summary of the philosophical portion was published under the title «La filosofía mecánica y el Registro », in Registradores, No. 40, September- October 2007).