7/27/2019 Abstract 570

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THE PHILOSOPHY OF LAW IN THEODOR W. ADORNO

This article is a result of work submitted as dissertation (Master Degree)

that has as its object the study of law in philosophical constellation of Theodor W.

Adorno. Adorno's philosophicaly method was divided into two phases, with the World

War II as the landmark boundary (division): a)before, Adornos thinking is strongly

linked to Marxist philosophy; b) after, important categories of Marxism are left aside in

his philosophy, how the class struggle and the economic infrastructure.

On To the conceptual framework of Marxist philosophy of law beginning

with Marx and Engels, and, after thenthem, Georg Lucks, Walter Benjamin, Evgeni

Pachukanis and Louis Althusser, there are certain theoretical limitations of Adorno, but

he have profound contributions to the study of law and the Sstate:

First, it presents the ethos of Marxist philosophy of law, which recognizes

the law not only as ideology, but also as necessary to commodity form: the right

waylaw is a repercussion of the capitalist economic structure.

Second, we show the criticisms of Adornos point of view to the rightlaw,

in particular: a) the rightlaw is power and violence (Gewalt), as well as identify Walter

Benjamin; b) the philosophy of identity is present in capitalism (commodity form), by

the equivalence, as in law (legal subject of law), by formal equality; c) human rights

arise as a lie in the class society.

Third, we demonstrate the State's vision for Adornostudy Adornos

thinking about the state, and concludesconcluding: that: a) there is a dialectical tension

between the individual and the Sstate that weakens the first through economic

domination (objectively) and cultural industries (subjectively); b) initially, Adorno is

not sympathetic to democracy, following a Marxian tradition, but then believes that

education must strengthen the democratic subject. In view of the impact of Auschwitz

on the philosophy of Adorno, we saw that his philosophy tends to understand the Sstate

of exception as an obstacle for democracy and the messianic liberation, it being"indifference with pain in general" a characteristic in the fascist society.

Finally, it is concluded that Adorno still gets stuck to the capitalist legal

form and expects freedom in the Sstate of normality, not through the achievement of

utopia by the communism, moving away, at that point, the Marxian philosophy, but

understands the Law has an ideological role in totally administered society.

KEY-WORDS: Philosophy of Law; Marxism; Adorno.

Comment [U1]: No seria melhor colocar

critique of political economy em vez de econo

infrastructure?