Law and its Fetishistic Identity: Theoretical Concerns

By Jaime LLambías-Wolff.

Published by The Social Sciences Collection

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Article: Print $US10.00
Article: Electronic $US5.00

Law presents a many-sided or multifaceted identity. Law is the result of both a socio-political and historical phenomenon, and the outcome of a negotiation process between actors who seek to confer legal, juridical and formal value to the materialization of their interests. Law, as it moves from conceptualization to implementation, gains independence and is, or is perceived as autonomous and this materialization is achieved through the dynamic and mutable processes of the construction of hegemony. Law however needs yet to be validated in order to become an accepted reference and regu-latory mechanism. It is in this transition and hence, legitimization, that Law disguises the internal dynamic of its conflicts, develops a dialectical and fetishistic identity and promotes its own characteris-tics of equality and integrity to transform those who have created law into objects of its own creation.

Keywords: Law, Hegemony, Ideology

International Journal of Interdisciplinary Social Sciences, Volume 5, Issue 8, pp.275-282. Article: Print (Spiral Bound). Article: Electronic (PDF File; 604.403KB).

Dr. Jaime LLambías-Wolff

Associate Professor, Department of Social Science , Faculty of Liberal Arts and Professional Studies, and Osgoode Law School (PH.D. Candidate), York University, Toronto, Canada

Associate Professor at the Department of Social Science, Faculty of Liberal Arts and Professional Studies at York University, Canada, since 1991. Invited Professor at the MBA of the Universidad Técnica Federico Santa María in Chile, the International MBA at the Universidad de Santiago, Chile and the Chilean Diplomatic Academy. Published extensively in the areas of Interdisciplinary Studies, Development, Health Studies, Latin American Studies and Multicultural Issues. Fluent in English, French, Spanish and German. Has a regular-weekly TV Interview Program on International Issues in Chile. Former Director General of the Quebec Council for International Development, consultant for the Quebec Government and the Canadian International Development Agency. Senator of York University and former Vice-president of the Council for International Relations in Montreal.

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