Legal nihilism is negative attitude toward
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
. Legal nihilism is "an erosion of the belief in law as a beneficial institution of societal organization."
Many scholars believe that legal nihilism is a destructive phenomenon.
Depending on the law it denies, legal nihilism can be internal and international.
Internal legal nihilism
Russian Empire, Soviet Union and its successors
Andrzej Walicki
Andrzej Stanisław Walicki (15 May 1930 – 20 August 2020) was a Polish historian. He was a professor at the University of Notre Dame in Indiana, United States. He specialized in philosophy of sociopolitics, history of Polish and Russian philosop ...
thought that both bureaucracy of the
Russian Empire and socialists that replaced them had the similar negative attitude toward law because of the
Slavic character of
Russia
Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eight ...
.
It is believed by many scholars and public figures that legal nihilism is still widely spread in some countries of former
Soviet Union including Belarus, Ukraine and Russia.
Russian president
Medvedev often spoke against legal nihilism identifying increasing of the strength of law and legal awareness of the people.
A pressure of the international public opinion has substantial influence on the struggle against internal legal nihilism in Russia.
International legal nihilism
International legal nihilism is denial of international law. It can be a consequence of dualist theory that international and national law are independent autonomous systems.
Serbian expert in international law
Smilja Avramov
Smilja Avramov ( sr-Cyrl, Смиља Аврамов; 15 February 1918 – 2 October 2018) was a Serbian academician, legal scholar, social activist and educator in international law. She was a member of the Senate of Republika Srpska from 1 ...
publicly opposed the practice of
Humanitarian intervention
Humanitarian intervention is the use or threat of military force by a state (or states) across borders with the intent of ending severe and widespread human rights violations in a state which has not given permission for the use of force. Human ...
ism, emphasizing that the main danger for the modern world is not nationalism nor communism but legal nihilism which she thinks was employed during the
breakup of Yugoslavia
The breakup of Yugoslavia occurred as a result of a series of political upheavals and conflicts during the early 1990s. After a period of political and economic crisis in the 1980s, constituent republics of the Socialist Federal Republic of Yu ...
.
NATO and USA
Jan Nederveen Pieterse
Jan Nederveen Pieterse is a Dutch-born scholar whose work centers on global political economy, development studies and cultural studies. He currently serves as the Duncan and Suzanne Mellichamp Distinguished Professor of Global Studies and Sociolo ...
believes that the United States is in the position of new universal Empire which succeeds
Roman
Roman or Romans most often refers to:
* Rome, the capital city of Italy
* Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a lett ...
and
British
British may refer to:
Peoples, culture, and language
* British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies.
** Britishness, the British identity and common culture
* British English, ...
, but unlike them, the United States maintains "Pax" not on the basis of the rule of law, but on the rule of power. He also emphasized that breaches of the international law placed United States in the position of "international legal nihilism" and that USA does not recognize other polities as legitimate equals.
References
{{DEFAULTSORT:Legal nihilism
Nihilism
Philosophy of law