Informace o publikaci
Epistemology of Equilibrium
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Kapitola v knize |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | This chapter investigates the essence of modern law, based on the insights of sociologist Luc Boltanski. The central proposition contends that modern law emerges as a dynamic equilibrium-seeking process, rooted in the epistemic endeavor to balance conflicting interests expressed through the language of rights. A critical lens is cast upon modern law, revealing a dual-layered obscurity. Firstly, the transformation of political interests into universal rights is exposed as a means of obscuring social antagonism within these interests (Laclau). Secondly, an examination of the epistemology of equilibrium exposes how conflicts between these rights are veiled beneath seemingly objective quantification. The chapter also introduces the concept of "first- and second-order social antagonism," drawing an analogy to Joseph Raz's "first- and second-order reasons." This chapter aims to foster a richer understanding of how the epistemic equilibrium sought in legal systems shapes and conceals the intricate dance between rights and social antagonism, thus paving the way for a more comprehensive understanding of the evolving dynamics within contemporary legal landscapes. |