Kierkegaardian Ethics and the Rule of Law

Abstract

AbstractWe approach law with deep ambivalence. On the one hand, we take immense pride in living under the rule of law. On the other hand, we often catch ourselves lamenting the existence of law. When we lament the existence of law, we are not just saying that there is too much of it. We are not just complaining about the amount of law. Rather, our complaint goes to the very nature of law itself. We complain that its rules are constraining, that its generality ignores the particularity of each situation, that its coercive force rides roughshod over our autonomy, and the list goes on. However, notwithstanding the frustration with law, it is not that we want to get rid of it. This paper seeks to express and explain our conflicting sentiments about law – why we sometimes view law as a monumental moral achievement and why we are sometimes so frustrated with it. The answer, as this paper will argue, lies in the nature of norms. The value and limit of law is traceable to the value and limit of norms. Kierkegaard helps us see that. This paper will argue that our ambivalence about law mirrors Kierkegaard’s ambivalence about ethics.