Farewell to Law and Philosophy: Some Preliminary Explications Abstract.

Abstract

The modern intellectual situation is characterized by the exhaustion of the possibilities of human existence, and its replacement by technological algorithms. The closest connection of law with the essence of human existence causes the corresponding exhaustion of the possibilities of law and its completion as a discursive form of arrangement of the world. The project of European metaphysics is contradiction between the plurality of the world of things and the meanings of words and the unity and universality of the intangible that exists outside of things – the world of ideas. Dichotomy is localized in the essence of human: the material corresponds to the body, the ideal – the soul. A consequence of this opposition is to assert the metaphysic to eliminate material from the realm of meanings, to deny its significance for human existence. The non-metaphysical position regarding human existence is represented by the sophisticated (poetic) principle of the closest connection of human to things. There is no mechanism for unification and preventing the ambiguity of word meanings. The connection of a particular person with a particular thing always hides the possibility of creating new meaning. Contrary to marginalization of sophistry within the limits of general philosophical discourse, the sophisticated (poetic) principle of connection between human and things became the basis of law. The origin of the latter was ownership right – the closest connection a person has with a thing that constitutes personality and the space of free and equal communication with others. The true meaning of ownership right can be revealed through the concepts of ontological distinction, being-in-theworld, and being appropriated by being human by appropriating things and opening a unique trajectory of personal design. The modern technological picture of the world is a complete and final realization of the metaphysical project of replaces discourse with mathematical algorithms. Human actions are emanating from both the sphere of things and the relations with people. The integrity of the property and the enforceability of the contracts become mathematically secure. The inability to violate a right means its disappearance. The world is no longer a matter of human concern and risk. Things are replaced by objects, and man is destined to become one of them.