Informace o publikaci
The Delusional Order: Law as Justification in Liberal Democracies
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | Henri Lévy-Bruhl once proclaimed that justice has the the property of bringing disputes to an end. Justice and its various interpretations are central to how we perceive law and the legal order, as well as the role of courts and judges – the arbiters of a world brimming with conflict. In my presentation, I aim to delve into the core of our understanding of modern law. Fundamentally, modern law can be seen as a tool for seeking equilibrium between competing interests, whether collective or individual. Law acts as an instrument capable of adjudicating these disputes and, more importantly, justifying its decisions – typically by appealing to some notion of universally accepted good. I intend to explore the mechanisms through which this justification is constructed and examine the various appeals that judicial decision-making employs to convince us that its resolution is the most appropriate and just. “Take it to court; the court knows the law” is a common refrain, reflecting an unshakable faith in the judiciary’s ability to find the proper balance in society – an equilibrium that politics, by its nature, cannot achieve. Politics is the domain of perpetual antagonism, characterized by constant struggles over which group or principle will prevail. We hope for political change to rectify dysfunctions, but can a change of regime truly bring an end to this endless conflict? Of course not; such a belief would be naive. Antagonism is inherent in politics and serves as its defining mode. But what about judicial decision-making? Do we trust that the legal system, embodied by the judiciary, can provide the much-desired balance? Why does this trust not strike us as similarly naive? The central thesis of my presentation is to reflect on how the legal system helps obscure social antagonism through its decisions, creating a “delusional order” – an illusion of fairness and justice. This constructed order promises that everyone can succeed, regardless of class, material conditions, or social standing. It offers the image of a society where one’s origins do not determine their opportunities, presenting the law as a neutral arbiter of disputes. My work explores the intriguing paradox of modern law: its capacity to resolve conflicts and foster social order, while simultaneously presenting an image of justice that may obscure the complexities of deeper societal divisions. Rather than dismissing this as a flaw, I aim to understand how this dual role of law contributes to its enduring authority and its ability to function as a stabilizing force in a world marked by competing interests and structural inequalities. |
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