Dialectical snares

Abstract

The paper starts with a thesis on the dialectical structure of modern law that goes back the European revolutionary tradition and constitutes a legal structure that is at once emancipatory and repressive. Once it became democratic the modern nation states has solved more or less successfully the crises that emerged in modern Europe since the 16th Century. Yet, this state did not escape the dialectical snares of modern law and modern legal regimes. It’s greatest advance, the exclusion of inequalities presupposed the exclusion of the internal other of blacks, workers, women etc, and the other that stemmed from the non-European world that furthermore was under European colonial rule or other forms of European, Northamerican and Japanese imperial control. Yet, the wars and revolutions of the 20th Century let to a complete reconstruction, new foundation and globalization of all national and international law. The evolutionary advance of the 20th Century was the emergence of world law, and this enabled the construction of international and national welfarism and the global expansion of the exclusion of inequalities. Nevertheless the dialectic of enlightenment came back again and led to new forms of postnational domination, hegemony, oppression and exclusion. The final section tries to detect some ideas and principles how to overcome the crisis.