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Symbolic violence in technocratic law and attempts at its overcoming : politicisation through humanization?

Subject and Keywords:

political nature   legitimacy   Court of Justice of the European Union   technocratic law   symbolic violence


Technocratic law inflicts symbolic violence on human subjects by imposing upon them a reductionist vision of their existence, limited to the aspect of homo oeconomicus passivus. At the same time, this symbolic violence serves to achieve the main technocratic goal of the depoliticisation of decision-making. Law is perceived through the optic of instrumental rationality, while juridification has nothing to do with justice,but merely serves to insulate technocratic decision-making from the political sphere. This paper enquires whether, in the process of its judicial interpretation, the humanizationof technocratic law can lead to its repoliticisation. On the basis of case studiesof three well-known judgments of the European Court of Justice (Leitner, Omegaand Aziz), the article makes the assertion that indeed, humanization can be instrumentalto repoliticisation. However, by referring to the judgment in Alemo-Herron, the author draws the final conclusion that politicisation is only the first step, and a further one is to ask specifically about the subject of interests protected by the law.

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Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego   Wydawnictwo Beta-Druk


Sadowski, Mirosław (1964- ). Red.   Spychalska, Aleksandra. Red.   Sadowa, Katarzyna. Red.



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ISSN 2080-332X   ISBN 978-83-65158-11-6


eng   pol

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Copyright by Pracownia Badań Praw Orientalnych, Katedra Doktryn Politycznych i Prawnych Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego & Authors

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