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1 results

  • 6 - The Rule of Law Is Having a Midlife Crisis

  • Joanna Kusiak, University of Cambridge
  • Book:
    Radically Legal
    Published online:
    06 June 2024
    Print publication:
    06 June 2024, pp 137-164
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  • Summary

    The chapter answers the question ‘Why has the rule of law become so fragile?’ as set up by the 2023 Nine Dots Prize competition. It shows how the liberal narrative of the rule of law is built on repressing the political elements of the legal system. Using Jungian psychoanalysis to analyse the crises of the rule of law, the author shows that the more we repress democratic politics from the legal system, the more the politics will strike back as ‘shadow’ in a distorted, anti-democratic form. The chapter also deepens the analysis of how DWE works politically with anger, preventing it from turning into ‘free-floating rage’ that can be exploited by authoritarian populism. It introduces the notion of ‘critical feeling’ to complement ‘critical thinking’ in contemporary academia.