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Existential Philosophy of Law

175 Pages Posted: 27 Jul 2017  

Valeriano Diviacchi

Harvard Law School; New York University

Date Written: July 25, 2017

Abstract

This essay is a continuation of my closing thoughts in my paper "Why Tolerate Law". This is a contemplation of the meaning of the universal "law" in its modern sense of nonscientific law: in the universe of language discourse that results in decisions of legality and illegality. I will further contemplate whether this universal can be naturalized to scientific law and seek to determine whether such meaning and naturalization are or can be an existential philosophy of law. This contemplation will require contemplating the attributes of existentialism as they exist in plebeian lives that includes nihilism and not solely from the more popular academic patrician existentialism that excludes nihilism. Law and its decisions of legality and illegality existentially exist in the universe of normative language in the same way that mathematics and numbers exist in scientific language: decisions of legality and illegality as are numbers are as particular and as real as any bricks or stones thrown at us, yet law as is mathematics is an abstract universal. However, unlike mathematics using rationality to go from aesthetics to particular and empirical pragmatic truth, the aesthetics of the universal law becomes particular and empirical as a social construct by irrational decisions of legality and illegality with their rationality running backwards from their pragmatic truth to aesthetics. The only descriptive "is" in law consists of the pragmatic truth of the empirical execution upon law through decisions of legality and illegality. The universal law is used and is useful as a universal to describe a social construct that is an unopposed normative language with a monopoly on violence to enforce its normative statements. It is the final arbiter through violence of all morality and ethics within the social construct that created it; it is essentially an unopposed ethics with a monopoly on violence whose goal is the survival of the social construct that created it in its struggle with the universe to survive.

Keywords: Philosophy of Law, Existentialism, Nihilism, Jurisprudence, Philosophy, Law

JEL Classification: K4

Suggested Citation

Diviacchi, Valeriano, Existential Philosophy of Law (July 25, 2017). Available at SSRN: https://ssrn.com/abstract=3008894

Valeriano Diviacchi (Contact Author)

Harvard Law School ( email )

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Cambridge, MA 02138
United States

New York University ( email )

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