Damaska’s second dimension divides authorized orders into hierarchical and coordinate systems of judicial group. In the hierarchical best officers are professionals who’re organized in a strict hierarchy and who employ special, technical standards of decision making. The coordinate ideal describes a extra amorphous machine by which authorized functionaries are amateurs who’re arranged in relationships of comparatively equal authority and who do justice based mostly on prevailing moral, political, or non secular norms. Weber’s vision of the Moslem Khadi making use of substantive (spiritual) regulation would appear to explain this kind of legal order.
However, it offends the “conception of right,” if “a code of regulation is the blunt, unmitigated, unadulterated expression of the domination of a class” (Engels, letter to C. Schmidt, October 27, 1890). And as a result of ideology such as legislation takes a formal and normative kind, the powerful are in its grips too, persuaded by an account of the inevitable and simply order from which they profit. Moreover, ideology is no mere fiction; it’s produced by actual social situations and reflects them. Ideology thus must succeed in constituting a consensus about capitalism, and it must do so by giving expression to capitalism’s recognizable options. Equality before … Read More
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