The law in totalitarian societies Cover Image

Dreptul societăţilor totalitare
The law in totalitarian societies

Author(s): Cristian Bocancea
Subject(s): Politics / Political Sciences
Published by: Fundaţia »Societatea Civilă« (FSC)
Keywords: Totalitarianism; natural law; law of Nature/History; ideology

Summary/Abstract: Totalitarian regimes cultivated obsessively the appearance of legality and of a „super-legitimated” democracy, not only by an excessive normative production but also by the creation of a legal philosophy within which the idea of a law of Nature or of History was illicitly projected in the field of the positive law. The practical consequence of this philosophy was the instauration of a total terror, grounded in a particular type of logic, separated from the world’s factuality, in order to ideologically hypostasize the fiction of a supposedly irresistible natural or historical „movement”. Replacing the plurality of human actions – subjected to moral and legal judgment in terms of good/evil – with the singularity of meaning and the finality of a super-human movement, totalitarianism denies the likelihood of a predictable and intelligible legal order along with the likelihood of human freedom.

  • Issue Year: 2011
  • Issue No: 160
  • Page Range: 42-49
  • Page Count: 8
  • Language: Romanian