Slouching Towards the Post-Legal Society

Cultural Marxism:  From show trials to no trials

If the property is the proverbial nine points of the law, it is not surprising that Marxism, its frontal attack on property having stalled out (NB: ideology aside, we all like our “stuff”) would have eventually gotten around to launching a second front against law itself.  The total annihilation of law never succeeded with Communism Classic (Stalin’s version), since the Soviet state needed a judicial apparatus to highlight its superiority to “bourgeois law” …not to mention providing a half-way house on the way to the Gulag.  The nightmare of totalitarianism having been quietly put aside, if not entirely exorcised, we have emerged into the glaring, and presumably lawful, the light of the Global Village.  Or have we?

Today, the legal “reforms” of the (allegedly) defunct Soviet state are held to be little more than antiquarian curiosities.  However, this does not mean that “bourgeois law” a.k.a., classic legal principles of the Civil and Common law, have triumphed throughout the world.  Rather, the struggle against law has gone underground, or rather above ground and hidden in plain sight.  It dares not risk exposing itself, and therefore avoids clear opposition to the institution which makes civilization possible: Objective Law.  Since it eschews both thesis and antithesis, running for the dense cover of ambiguity, it must be tracked like a beast…by locating and examining its spores.  We know not what it is, but like W. B. Yeats, we can at least pose the question…

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And what rough beast, its hour come at last

Slouches towards Bethlehem to be born?

But at least we have a track, where the beast has digested large swaths of civilization’s foliage and left…

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