11 - The Virtual Objectification of the Law

Summary

The chapter explores how the legal system, akin to science and economics, serves as a tool for depoliticizing human decisions. It argues that the transformation of political processes into seemingly apolitical directives is a strategic move to prevent the illegitimate use of power and violence. The status of law as autonomous and above politics is examined, tracing its historical roots to the naturalization of law and forming the basis for legitimate legal decisions. The chapter also considers Mahatma Gandhi’s nonviolent politics and Walter Benjamin’s perspective on violence within the law. The instrumental convenience of separating law and politics is examined, emphasizing the role of law in constraining politics and power. As Judith Shklar observes, the threefold approach to law in Western tradition – apolitical law, depoliticized law following parliamentary processes, and positive law imposed by hegemonic power – reflects different bases of objectification. The power of natural law, both enhancing and restricting individual freedom, is explored in the context of its capacity to disassociate from politics. The chapter concludes by discussing the broader implications of objectification in fields such as science, technology, and economics, emphasizing the impact on public trust and the diminishing space for ethical and political considerations in contemporary democracy.