Our Lady of the Lake University
Ideology thus must succeed in constituting a consensus about capitalism, and it should do so by giving expression to capitalism’s recognizable options. Equality earlier than the legislation, for instance, is each elicited by, and reflects, the fact of capitalist financial relations, even if it is an equality that’s formal and incomplete.
Nonetheless, it’s true that the proceduralism of the rule of regulation can be put to ideological functions, to deflect social criticism and prevent radical change. And if enthusiasts of the rule of law place sufficient emphasis on procedural justice, this will scale back the probability that more substantive conceptions of justice could have success. Historically, societies governed by the rule of legislation have tended to be structured by capitalist markets, suggesting an affinity between the two units of establishments. The rule of regulation can have an ideological effect even when it isn’t ideological in its essence.
Given its formal virtues, and its agnosticism on the content material of law, the rule of law appears harmless of charges of a capitalist bias, or a bias of any type. As Raz puts it, the rule of legislation’s virtue is like the advantage of a sharp knife; it allows the regulation to satisfy its function, whatever the operate might be (Raz 1979).
Moreover, it’s hard to see how the rule of regulation itself is engaged in any challenge of deception. Generality in the law, for instance, doesn’t necessarily entail any particular commitments on how the economic … Read More
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