Legal quarrels are driven by ego self-preservation, not love of fighting

Evidence

In most cases, what is called the lust and passion of legal quarrels is probably something quite different, namely, a strong feeling of justice or the impossibility of bearing an actual or alleged interference with the sphere of law with which the ego feels identified. All the uncompromising stubbornness and obstinacy with which parties at a trial so often bleed themselves to death has, even on the defendant’s part, hardly the character of an offensive but, in a deeper sense, that of a defensive, since the question is the self-preservation of the person. This self-preservation is so inseparable from the person’s possessions and rights that any inroad on them destroys it. It is only consistent to fight with the power of one’s whole existence. Hence it probably is this individualistic drive, rather than the sociological drive to fight, which determines such cases. — Georg Simmel, on individuality and social forms_…, 301

Categorization

  • XREF: Frames the defendant’s stubbornness as self-preservation — a mechanism for why Julius’s defensive detachment hardens rather than yields. — connects to: Fighting for a cause rather than oneself can intensify rather than soften conflict — Georg Simmel, on individuality and social forms_…, 306; Legal critique often masks a disagreement over underlying value judgments. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 451; Litigated cases self-select to those where both sides have plausible legal arguments — Frederick Schauer, Thinking Like a Lawyer, 253 (+2 more)

Broader Connections