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Law, technique and dystopia: a critical aproach

Referring back to a warning from the stoic philosopher Seneca to his follower Lucilius (Ep. XCV, 53), this paper contains considerations on both the phenomenon of a de-humanizing process that has defaced the legal systems and points out the respective causes and likely consequences any intensification of such a process may have on said legal systems. The so-called technicization of the science of law, for instance, is reviewed and contrasted with the legal formalism advocated by the juspositivism. Moreover, among other multiple de-humanizing factors affecting the legal system, the unidimensionalization of post-industrial societies has also been deemed worth mentioning in this paper, where, finally, law is described as a dystopia and some possible alternative actions are suggested for reconstructing a contemporary jusphilosophic discourse on justice as a means to efface today's particularly authoritarian and merciless social life patterns.

Juspositivism; Technicization; Post-industrial societies; Utopy and dystopia; Law and literature


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