SELF-SUBVERSIVE JUSTICE: CONTINGENCY OR TRANSCENDENCE FORMULA OF LAW?
DOI:
https://doi.org/10.30827/acfs.v44i0.505Keywords:
Law and society, social theory of justice, self-transcendence of law, Michael KolhaasAbstract
In this article the author wonders whether the social theory of law can make a specific contribution to a concept of justice viable today, different from what moral, political and legal philosophy can say about it. In his opinion, the concepts of autopoiesis and deconstruction (Luhmann and Derrida) have suff icient power to activate such a contribution in two different directions: reconstruction of a genealogy of justice and observation of paradoxes of decisions in modern law. The genealogical approach tries to discover the hidden connections between the semantics of justice and the social structures (which, on the other hand, may result in the reformulation of a plausible concept of justice in present day conditions). A deconstructive process, in turn, enables us to see the hiatus between legal structures and decisions, a hiatus that provokes important paradoxes in the processes of legal decision-making. Through such observation a deeper understanding of justice can be reached, which the author interprets, in the final instance, as a process of a self- description of law that undermines the recursivity of legal operations, and that forces law to self-transcendence, but which sabotages itself because in its realization it always creates a new injustice, an experience that Henry von Kleist anticipated in a literary form in his novel Michael Kolhaas.
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