Law of Desire

I.

Another early Almodóvar film is La ley del deseo. One thing I do not like about some of the institutions for which I have worked is, they do as they wish; that is to say, they follow the law as they do or do not desire. They follow the law of their desire, or in other words, their desire is law.

They have coherent policy statements and rulebooks, which they follow when to do so, suits their purposes or at least, the purposes of one or more powerful actors. Then the law of their desire is cloaked in propriety.

When what they wish to do, falls afoul of their own professional guidelines, they pay very little attention unless the lens of state or federal law presses closely upon them.

II.

Some of us have been taught that although the justice system may be flawed, the legal system is universal and impartial, and it protects one and all. This is why Critical Legal Theory, or Critical Legal Studies, is an important development.

Critical legal studies (CLS) is a theory that challenges and overturns accepted norms and standards in legal theory and practice. Proponents of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society. The law exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of society. The wealthy and the powerful use the law as an instrument for oppression in order to maintain their place in hierarchy. The basic idea of CLS is that the law is politics and it is not neutral or value free.

III.

Law and power both often masquerade as reason. Some say that reason and logic are imbricated with law and power. I would prefer to believe these elements can be unwound from each other.

Axé.


3 thoughts on “Law of Desire

  1. “Law and power both often masquerade as reason. Some say that reason and logic are imbricated with law and power. I would prefer to believe these elements can be unwound from each other.”

    these days i wish there was reason to go along with the law and power. unfortunately, they seem to be mutually exclusive and reason seems to be missing altogether.

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