KRIZA DIJALOGA U JURISPRUDENCIJI ILI O ZABORAVU MORALA
THE CRISIS OF DIALOGUE IN JURISPRUDENCE OR THE FORGETTING OF MORALITY

Summary/Abstract: Everyday life today increasingly suppresses reality, replacing it with representations of it—images imposed by various ideological forms in which there is hardly any room left for concepts such as morality, justice, prudence, or dialogue. This is clearly demonstrated, on the one hand, by the widespread violations of international law occurring across the globe: the genocide in Gaza, the aggression in Ukraine, neo-colonial subjugation of states, global blackmail, creeping secession, and the continued aggression against Bosnia and Herzegovina, among others. On the other hand, the fundamental disconnection of the individual from the community and their voluntary immersion into an artificial para-world legitimizes radical subjectivism and a skillfully masked totalitarianism. The result of this condition of humanity at the beginning of the 21st century is a kind of legal-political implosion, normative autism, axiological superficiality, and monologue. This “polytheism” of values (since it suggests the equal worth of all decisions), along with the neo-slavery hierarchy of nations and states (as evidenced by the concept of veto power in the UN Security Council), disregards universals in ethics, politics, and law. Our contemporary era is also an age of verbal circus—a carnival saturated with chatter and logomania—in which everyone claims the right to the ultimate interpretation of concepts, a phenomenon Michel Foucault referred to as a logophilic illusion. In this illusion, speech is believed to be sovereign and free from various forms of pressure, and is thereby accepted as valid. Of course, Foucault argues that behind this apparent love for logos lies, in fact, a particular kind of fear. This raises the legitimate question: are we witnessing the atrophy of dia-logos—the dialogical method of arriving at truth through confrontation of arguments? This question is particularly significant today within the domain that jurisprudence encompasses.

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