Author(s): Simeon Efimov Groysman
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: administration; public law; law and power; Max Weber; Ancient Rome; social critique;

Summary/Abstract: This paper proposes the idea, that the contemporary state administration is omnipresent. Its interference in social life is all-embracing and the empowered regulations control the everyday behaviour of its subjects.interference in social life is all-embracing and the empowered regulations control the everyday behaviour of its subjects. I compare this current state of administration to the Max Weber`s ideal type of modern administration. I point the germs of this concept in the legal-political practices of the ancient Roman State that played a significant role as inspiration for the development of later social control systems. Today`s administration is distinguished from the Weber`s concept by two important legal characteristics - the vast administrative creation of norms and the overregulation. This trend of social development is disturbing for famous philosophers, such as H. Arendt, M. Foucault. H. Marcuse, who draw dark visions of total bureacratic control over the social domain. I use this pessimism as intellectual inspiration in order to formulate the idea, that the total administrativization of social life is a natural consequence of the decay of custom, morality and religion in the urbanized communities of the postindustrial epoch. Unfortunately the leftist ideas of liberation from the total control of the administration (Marcuse) are utopian. This should make us to concentrate on the maintenance of effective legal mechanisms for restraining and balancing the administrative power. These mechanisms shall be used to withhold the realization of the philosophers` antiutopia.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 548-570
  • Page Count: 23
  • Language: Bulgarian