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El Nihilismo Legal

Posted 14. Oktober 2022 by Logistik-Express in Allgemein

At the same time, this type of nihilism is often observed in subjects who actively cooperate with the law and perceive it as a purely nominal institution, since they actually use corruption and abuse of power to implement their own goals. A common feature of all types of nihilism is denial. However, it must be understood that not all negations will be nihilism. The meaning of “denial” is much broader. It is organically characteristic of the human mind and dialectical thought. Therefore, far from all the people who deny something, this can be attributed to nihilists. Otherwise, the concept of “nihilism” loses its own meaning and gets lost in a broader category: “denial.” In a version that comes far from the Atlantic, legal nihilism is projected as a “cognitive skepticism”: it proclaims the absolute inaccessibility of the text and its meaning and the truly creative character of the interpretation(1). Nietzsche characterized nihilism as the emptying of the world, and in particular of human existence, meaning, purpose, comprehensible truth, or essential value. This observation comes in part from Nietzsche`s point of view or his idea that “knowledge” always comes from someone of something: it is always limited by perspective, and it is never a simple fact. [72] Rather, there are interpretations by which we understand the world and make sense of it. We cannot do without interpretation; In fact, it is a condition of subjectivity. One way to interpret the world is morality, as one of the fundamental ways people understand the world, especially when it comes to their own thoughts and actions. Nietzsche distinguishes a strong or healthy morality, that is, the person in question is aware that he is building it himself, from a weak morality, in which the interpretation is projected onto something external.

And since belief in the existence of life after death and in a God is what moves people`s lives and fills them with meaning, there is no objective meaning of life for nihilism. Today`s social nihilism is represented by its various forms and is expressed in the distrust presented by society or by a separate individual, of social values, traditional ideals, a political and legal structure, social institutions, different norms. The first way out is to separate Nietzsche`s nihilism from legal nihilism, or even law, and that is, to understand Nietzsche in a way that does not imply an immediate normative projection. From this point of view, it can perhaps be said that the epoch of modern nihilism is initiated by the transition from objective natural law to human rights, that is, by the transition from the objective natural order (= nature) to the subjective natural order (= the subject). It is necessary to ask, in conclusion of these considerations: what is nihilism? In the version that we could define as indigenous, legal nihilism is proposed as a simple conclusion of nihilism – which we could call ontological, as an understanding of law and its science after the fall of the immutable, after the death of God(2). Nihilism is a philosophical current that defends that no value or principle is valid. There is no Supreme Being and therefore life has no meaning. Today`s social niihilism can be expressed in a completely different way: the followers of nihilism are called nihilists. They adhere to the following points of view, namely the absence of true morality, there is no rational confirmation of the presence of the Creator, there are no unconditional truths, where no action or action is objectively preferable to another. Nihilists are characterized by the varying intensity of their attitude towards the legislative basis and the legal institution as a whole. Therefore, the following forms of nihilism are distinguished: active and passive. The first form is a hostile attitude towards the legal framework, the propaganda of a nihilistic worldview among the masses (anarchism).

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