Legal equality before the law requires negating actual individuality

Evidence

Only through self-imposed blindness is law able to let justice prevail. All are only seen as equal insofar as they are not seen at all; to do justice to the individual is only possible by negating individuality. It is not individuals who count as equal, but rather ‘the individual’. In this way, justice degenerates into tautology: an individual is what corresponds to the concept of the individual, which is in turn abstracted from individuals. — Dirk Braunstein, Adorno’s Critique of Political Economy, 793

Categorization

  • XREF: Connects to Adorno/Horkheimer’s Dialectic of Enlightenment general claim about equivalence and rational domination; also resonates with Marx’s ‘abstract equality’ as commodity fetishism — worth cross-referencing the political-economy reading the reader is building toward. — connects to: Abstract legal recognition of rights fails to overturn women’s concrete economic inferiority — Simone de Beauvoir, The Second Sex, 57; Formal legal equality obscures real inequality because equivalence as a legal norm ignores difference — Dirk Braunstein, Adorno’s Critique of Political Economy, 786; Modern law’s abstract individual ideal enables its systematic social exclusions — Sherene Razack, Casting Out: The Eviction of Muslims…, 404 (+10 more)
  • DEEPTHINKING: The claim that universal equality is per se a form of domination — justice as tautology — is a dense, paradigm-flipping move central to the whole equivalence-critique the book traces.

Broader Connections