Existential Philosophy of Law

A slave begins by demanding justice and ends by wanting to wear a crown. He must dominate in his turn. — Albert Camus, The Rebel

This essay is a continuation of my closing thoughts in Why Tolerate Law available on the attached Blogroll. Blind loyalty to patrician Hegelian reason and state worship in the form of law as meaning in life is different in degree but not in substance to the theocratic state worship of the East and is a surrender to cowardice not an existential leap from it.

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. There seems to be more to the meaning of “law” than simply a set of rules. For one, calling something a rule instead of a law requires knowing the difference between rules and laws. Second, unlike most sets of rules such as games, one can leave the game to make other games. This option does not exist with law; if one leaves the law or legality, one is either in lawlessness or illegal. 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. I do not want this contemplation and any existential philosophy of law to be just another academic -ism, it was have pragmatic value for the plebeian portion of the class struggle that is history.

Existentially, life will always be meaningless and whatever social meaning it has will be forced upon the many by a few. For those few with the power to make their meaning in life the meaning of the group’s life, existentialism gives their will to power freedom to act and makes their struggle existential and aesthetically beautiful. However, for the many upon whom the few force their meaning, existentialism not only fails to give their will to power this same freedom but instead binds it and leaves their struggle to be existential and ugly. Patricians have the luxury to pine for meaning through their aesthetics and then violently either through law or directly to force that meaning on the remainder of humanity, but the plebeian existential absurd hero must not only fight and survive the absurdity of the universe but also this patrician will to power that forces the meaning of their lives upon the universe and all outside their class. For all known history and at present, both struggles eventually involve use of violence, but at least for the moment, the violence aspect is hidden in the behavior modifying techniques of Technological Society. As the plebeian existential absurd hero Don “Wardaddy” Collierand through Brad Pitt ad-libbed: “ideals are peaceful, history is violent”. Empirically, given that class struggle is an unavoidable inherent attribute of all social constructs, plebeians must ask whether it is better to suffer an existential struggle with the universe while governed by the few while living in material poverty in pre-Technological Society or while living comfortably in Technological Society with free time for contemplation of philosophy.

If an existential leap to morality is made, eventually that morality will run into the status of law as an unopposed normative power in the West as the present reality that must be confronted and then accepted or opposed as a good or an evil.

I do not intend to promote or criticize any particular social construct of Technological Society, either political (so-called conservative or liberal versions) nor any of the countless academic myopic constructs pretending to be history varying from feminism to classism to libertarian to post-structuralism to race studies and so forth nor its economic constructs such as capitalism, socialism, and so forth. My contemplation is only to describe the social construct called law that is a universal in all social constructs as a final arbiter of their normative statements. From the plebeian perspective, criticism would be stupid. Modern plebes irrespective of their status as wage slaves or not, of all sexes, kinds, and lives in Western Technological Society, live the finest material and least violent lives in known history. Money may not buy happiness but it buys everything else. At the same time, however, it would be stupid to promote Technological Society because it still maintains the same class distinctions and unequal will to power that all social constructs throughout known history have maintained. Patricians will promote it on their own without our help — despite their pretending to despise it. However, patricians despite complaints to the contrary, will promote it as static condition to remain forever as the ultimate social construct meaning for life in the same way they promoted chattel slavery, feudalism, bullionism, mercantilism, and all the other -ism’s that came before capitalism and socialism and any other social constructs they presently promote. If there is a next progression for Technological Society, it must come through plebeian existential struggles with patricians and not from any patrician existential struggle among themselves. Regardless of whining about despair, patricians are just fine as they are, were, and will be.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s