La haine du droit
What does it mean, to hate the law? The holistic analysis as well as the subjectivist school describe the hatred of the law as an asocial, individual phenomenon. Hatred and anomy are supposed to describe the behaviour of disoriented agents unwilling to abide by the rules that structure life in socie...
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| Format: | Article ou chapitre numérique |
| Sprache: | Français |
| Veröffentlicht: |
2025
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| Online Zugang: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Zusammenfassung: | What does it mean, to hate the law? The holistic analysis as well as the subjectivist school describe the hatred of the law as an asocial, individual phenomenon. Hatred and anomy are supposed to describe the behaviour of disoriented agents unwilling to abide by the rules that structure life in society, although such a deviance is punished by the authorities. But doctrines and discursive practices that promote hatred of the law emerged at the time of the French Revolution and were the work of counter-revolutionary theorists who saw in the law an abomination contrary to the social order. This reasoning is still largely shared by the most reactionary fringes of the political realm: the contemporary critiques of human rights, or of “human rightsism”, continue to perpetrate hatred of the law. The analysis of this historical phenomenon, i.e. clearly dated and located in time, implies a review of the objective conditions of its emergence, the French revolutionary moment, in order to grasp the reasons for its resurgence and efficiency. |
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