By Jules Coleman
ISBN-10: 0198299087
ISBN-13: 9780198299080
ISBN-10: 019924362X
ISBN-13: 9780199243624
The Postscript to 'The idea of legislations' includes Herbert Hart's merely sustained and thought of reaction to the objections made by way of his extraordinary critic, Ronald Dworkin. during this striking assortment, an array of prime criminal philosophers evaluates the luck of Hart's responses to Dworkin.
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Extra resources for Hart's Postscript: Essays on the Postscript to The Concept of Law
Sample text
Ideology represents the making ofhistory in an alienated mode. Alienation is the displacement of immediacy, the creation of social relations which involve the mediation of the subject's product (history) to it in forms it does not recognise. Constitutivity is displaced, the subject is no longer constitutive of or to itself. Men are the authors of their social relations but the conditions under which they make them means that their product escapes them. Alienation is a necessary part of history.
The agency can be conceived as a means to the fulfilment of a functional end. This means has no determinant effect on the form for which it is functional. It merely performs the function of maintenance or reproduction. It can be conceived therefore strictly as a support of the function. The function or On Law and Ideology 44 functional end is universal; the agencies arise in particular social forms as conditional means of its performance. This can be seen in Althusser's treatment of the switch from the church/family couple, functional for reproduction of the relations of production in feudalism, to the school/family couple, functional for the reproduction of the relations of production in capitalism.
Politics is not universal because Althusser, being a Communist, believes in a communist society in which the domination of man by man gives way to the administration of things. So there is no mystery as to why the political disappears. Obviously, why ideology continues requires some argument. The reason why he argues this is so is because of the structure of all social totalities. There will never be a totality in which the human subjects who live in social relations can comprehend them through experience because social totalities do not exist in a form which is accessible to experience.