Saturday, October 31, 2020

The future of the law in an ideal society (legal utopia)



In an ideal society of the future (if such a society is possible at all), the law expects a gradual disappearance and this will be facilitated by at least three circumstances: 

A radical change in social relations; 
The emergence of a new subject – a legal personality; 
Merging law with morality. 

Social relations, which cannot exist without threat and violence, objectively determine the existence of the law as an impersonal instrument of coercion, intimidation and punishment. A deep and comprehensive analysis of such law, the study of all its branches, and finally even an answer on the question: “What is law?” will change very little in such social relations. 

Just as a blood revenge is a rudiment of a primitive society, which continues to exist in our days under the guise of the death penalty, over time only modifying its form, but not essence, so the Law changing judges, codes and laws will continue to exist as long as there will be no need for it. Hence, the end of the existence of law will put the emergence of a legal personality. 

The legal personality will be the logical culmination of the individual’s struggle for her rights throughout the history of mankind. A person as a subject of law, having acquired all possible subjective rights on the one hand and having the ability to distinguish between good and evil, on the other hand, becomes a legal person. Such a person no longer needs law, just as the modern intellectual no longer needs the religion. 

 Imaginary sacred importance of the Law, preached by the Roman priests and their modern followers – lawyers, was and is a means to achieve a monopoly on law or a legal monopoly. Such a monopoly already has little to do with law, just like modern laws – these multi-page instructions for officials have a little to do with real laws. 

 The opposition of the Law and Morality will take place until the Law becomes not only the Law for all, but also the Law of all, then the disappearance of the Law is inevitable. 

 

No comments:

Post a Comment