Document Type : Research Paper
Authors
1
Department of Law, Faculty of Humanities, Roshdiyeh Higher Education Institute, Tabriz, Iran.
2
Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran.
Abstract
The aim of this research is to analyze the multilayered relationship between ideology and law in the evolution of contemporary philosophical thought; a relationship that has often been explained in a one-dimensional or reductionist manner in the literature on the philosophy of law, and its complexities have been neglected. Focusing on three central approaches—Habermas, Foucault, and Rancière—and considering their formative theoretical backgrounds in Althusser, Arendt, and Lefebvre, this article seeks to show why the fusion of ideology with law is both self-evident and elusive; something that is referred to as the “impossible simpleton.” Methodologically, the present research is based on a critical-conceptual analysis and genealogy of legal discourses, and uses the main texts of the three thinkers to extract normative, power-oriented, and conflictual patterns in understanding law. The research findings show that law is linked to ideology at three levels; The legitimizing discursive level in Habermas, the disciplinary-power level in Foucault, and the discursive-liberatory level in Rancière. These three levels are neither fused into a single theory nor reducible to each other; rather, they collectively provide a multilayered picture of the ideological functioning of law. The final conclusion of the article is that law is not simply an instrument of legitimacy, nor simply a mechanism of power, nor simply a field of emancipation, but a multilevel arena in which ideology is both produced and reproduced, and is also capable of interruption, critique, and resistance. This summary paves the way for more complex analyses in legal theory, particularly in the areas of legitimacy, human rights, and penal policies.
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