Law loses its legitimacy when detached from embodied moral sensibilities.
Evidence
If traditionally embodied conceptions of justice and unconsciously assimilated experience are no longer relevant to the maintenance of law’s authority, then that authority will depend entirely on the force of the state expressed through its codes. … I argue that it is the power to make a strategic separation between law and morality that defines the colonial situation, because it is this separation that enables the legal work of educating subjects into a new public morality. — Talal Asad, Formations of the Secular, 1155
Categorization
- XREF: connects to: Laws are symptoms of social morality, not its cause — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 823