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The Theory of Alterity as Intention (Ruiz-Restrepo, 2011) is a system of legal thought. It is the culmination of a twenty years period of interdisciplinary and legal dogmatic research, observation, test case action and philosophical inquiry on the absence of clarity and precision in non-governmental and not-for-profit organisations, the entities that form the pro-social sector of society.

The theory first explains the structural reasons for vagueness and ambiguity and the manifested consequences of such dysfunction resulting in lack of trust, ease of abuse and legal insecurity and then explains the juridical nature of ngos/npos, posits the underlying principle of alterity in civil society organisations. The final aim of rationalising the non-governmental, non-profit/charitable sector is to secure their identity, right-holders condition and the legal and regulatory space for their formation and operation while preventing the corruption and denaturalisation of the organised civil society of each country and across borders.

As a system of thought to be applied in law and policymaking and subsequently in both public regulation and private management it introduces logic in the field facilitating the demand of transparency and accountability offer and in doing so contributing to the safeguarding of an ample and safe legal environment for all Civil Society Organisations and their social and solidarity economy. Ultimately the identification of CSOs amidst other legal persons safeguards the specificity of the sector of human action activity and organisation that is non-governmental and not for profit or civil and alterity-driven from restriction, instrumentalisation or denaturalisation.

The falsehood or truthfulness of alterity in the intentionality of a legal person and its consistency throughout its operation and deployment of economic activities is the fact of exceptionality that works out as a rationale for tax benefits among other legal prerogatives granted to this sort of entities by law and society in most countries around the world. Observable and demonstrable in an inter-controlling manner the underlying logic is not introduced but unveiled, dis-covered in the existing field of prosocial legal entities allowing for both refutability of the concept in theory and for the legal contradiction in the praxis of law and society. The essential distinguishing of the entity and moreover its differentiation by the four modes of juridically manifesting alterity further allows separating between organisations that are licit and legal from those that are illicit and illegal. In this sense the applied theory allows not only to promote and protect the trustworthy civil society organisations of a truly social and solidarity economy but also to detect and isolate their space from apparent CSOs of a merely advertised social and solidarity economy that is formed and operated by either erratic, opportunistic or criminal actors and correct and sanction accordingly their lack of liceity or acts of illegality comprised  within the phenomena of tax evasion, money laundering, economic parasitism, simulation, disloyal competition, private-public corruption and terrorism financing so that the legal and regulatory space of formation and operation of civil and alterity-driven organisations of society, which the theory presents as the alfa sector or the zero sector of human society is better safeguarded and promoted. Those deserving legal persons may be publicly rewarded by both prerogatives in the law and the legitimate admiration of society.

In this sense the applied theory allows not only to promote and protect the trustworthy civil society organisations of a truly social and solidarity economy but also to detect and isolate their space from apparent CSOs of a merely advertised social and solidarity economy that is formed and operated by either opportunistic or criminal actors and correct and sanction accordingly their lack of liceity or acts of illegality. Acts comprised within the phenomena of tax evasion, money laundering, economic parasitism, simulation, disloyal competition, private-public corruption and terrorism financing. The theory dogmatically and juridically secures the legal and regulatory space of formation and operation of civil and alterity-driven organisations of society. Entities that are understood to be and presented as the Alfa sector of human society, one complementing and preceding the emergence  of the State, the Market and its operational organisations so that only the exceptional and meritorious juridical persons may be deservingly and publicly rewarded by both a set of prerogatives in the law and the value in reputation that causes admiration from society.

 

©2016, Ruiz-Restrepo