The ancient Romans said, “Natura parendo vincitur,” that is, roughly, “One that is obeying nature, wins.” In other words, we get the best fruits of Mother Nature if we obey her laws. And nothing but harm comes from trying to impose our wishes on Nature, act against her laws. Sounds reasonable, does it not?
What about culture? Should we try to obey culture’s intrinsic laws? That is to say, should we follow the nature of culture while attempting to govern it? Or we can just take laws derived from other areas (real estate, for example) and apply them to culture? Witnessing what is going on around Intellectual Property, a plain sane person would probably say “Let’s follow the nature of culture and see how it works.” Or wouldn’t one?
This is the place where the whole trouble resides. Virtually nobody is asking what is the nature of culture. It is termed IP and governed as real estate. That means, virtually nobody thinks that nature of culture matters.
Why?
What would you say if I asked whether it is normal to use a microscope as a hammer?
Why do we “feel” that there is not any necessity to take the nature of culture in consideration?
Why?