Introduction
This article analyzes Blandine Kriegel's concept of the rule of law, emphasizing the primacy of law over politics and economics. You will learn why sovereignty is not a synonym for absolutism, but rather the foundation of peace, and how the distinction between personal and civil liberty protects us from tyranny. The text exposes the dangers of anti-legalism and points out that only law constitutes an effective barrier against the objectification of human beings.
Sovereignty vs. Despotism: Law as a Barrier to Violence
According to Kriegel, sovereignty is the capacity to establish peace through the primacy of rules over whims. Unlike despotism, which rules through fear, the sovereign state is based on the supremacy of law over the will of the rulers.
Feudalism: A System of War and Sanctioned Slavery
Feudalism was essentially the privatization of violence. In this system, the lord held power over the body and property of the subject, which Kriegel calls a form of slavery. The lack of distinction between person and thing turned the human being into a resource.
State Sovereignty: The End of the Barbaric Ius Vitae Necisque
The modern sovereign state nullifies ius vitae necisque (the right of life and death), replacing it with the principle of habeas corpus. This is a symbolic moment in which the subject ceases to be a commodity, and public authority prevails over private dominion.
The Judge: The Victory of the Word over the Violence of the Sword
The role of the judge is crucial in the process of civilizing violence. As shown by the anecdote about setting a boundary, the judge does not triumph through force, but through the word. Law replaces brutal confrontation with jurisdiction, creating an indisputable context for agreement.
The Limits of Economism: Law as the Foundation of Emancipation
Economics does not explain the totality of human freedom. A slave in a golden cage remains a slave because, without an impartial judge, property is merely possession secured by force. Law must precede the market.
Status Libertatis vs. Status Civitatis: The Birth of the Citizen
Kriegel introduces a hierarchy: status libertatis (personal freedom and bodily security) is primary and inalienable. Only upon this foundation is status civitatis built—that is, political and civil rights.
Democracy Without Law: The Risk of Transforming into Tyranny
Democracy devoid of a legal framework easily confuses the will of the majority with the inviolable rights of the individual. Without institutional safeguards, a plebiscite can become a tool for legitimizing violence against minorities.
Legal Socialism: A Synthesis of Social and Civil Rights
The concept of legal socialism assumes that the pursuit of equality must be framed within the rule of law. Only then will social solidarity not degenerate into institutionalized oppression.
Three Pillars of the Doctrine: The Foundation of Human Rights Protection
The protection of human rights rests on: recognizing the ultimate value of the person, granting them legal title, and providing institutional guarantees. This is a precise technology for limiting violence.
Anti-legalism: Escaping the Law as a Threat to Freedom
Treating the law as a "mask of oppression" is a tragic mistake. Although the law is sometimes abused, its destruction does not bring freedom, but rather the rule of private militias and the naked dominance of the strong.
Legal Cultures: Differences Between Europe and the Rest of the World
Europe forged the rule of law through disputes between authority and the estates. The US opted for the supremacy of the courts, while in Latin America, constitutions are sometimes mere empty decorations. Asia often bases order on the virtue of the official, and Africa struggles to combine tradition with modern legalism.
The Logic of Institutions: The Foundation of Social Order Stability
Institutions provide peace and predictability. While power loves movement and change, law loves stability, which allows society to breathe and plan for the future without fear.
Totalitarianism: The State's Regression to Archaic Forms
Totalitarianism is a civilizational regression. It involves an erosion of legal distinctions, leading to the recreation of slavery in the form of camps, where the human being is completely stripped of agency.
Law: A Necessary Condition for Escaping Enslavement
Escaping enslavement is possible only through the law. Only law can transform blind violence into a just judgment backed by the authority of the community rather than the whim of an individual.
Shame: An Anthropological Mechanism for Protecting the Law
Law is an institutionalized form of shame regarding the objectification of another human being. When this shame vanishes, the law ceases to function, and its place is taken by spectacle and the market of violence.
Summary
Law, being the institutionalized shame of human objectification, constitutes a fragile foundation of civilization. When shame disappears, and with it the law, we open the gates to the market of violence. Can we, in an age of relativism and the questioning of authority, find this shame within ourselves to protect what is inviolable in a human being?
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