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Autonomie und Autorität

Über Emanzipations- und Entfremdungsprozesse des Rechts

Archiv für Rechts- und Sozialphilosophie
Band 101 / 2015 / Heft 4
S. 525–537

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In the foreground stands the idea to decipher law as starting point of continuous emancipation and alientation processes. Emancipation and alienation refer to an ethos of specific societies including forms of rational knowledge and inherited convention as much as individual needs and techniques securing domination. Insofar, law is no postulated „fact“ only to be discovered or (de-)constructed. We rather should understand it as dense texture of interests and convictions, theories and practices. The meaning of this can be illustrated with the example of today’s dominating individuality paradigm. Securing status and political governing of the individuum can be regarded as consequence of an interdependence in which legally bound practice and normative dynamics of the law are referring to one another. Taking this logic seriously, one cannot only sketch the crossing of emancipation and alientation processes in the individuum. One can also see the whole dilemma of modern law: wanting to be the promise of autonomy and having to establish the culture of order securing power.

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