Zbornik Znanstvenih Razprav (Dec 2020)
Legal Epistemology (in the Times) of Decay (Pravna epistemologija (v časih) razkroja)
Abstract
Legal onto-epistemology cannot be divorced from the contexts that give birth to legal phenomena. Our society, as many before it, trembles in the anticipation of apocalypse and crisis, yet it is defined by an imperative of optimism. This paradox culminates in the demands for the solutions to the discomfort-generating instances like pandemic (self )isolation, global warming or the altered position of the sovereign state in theory and practice. The author engages with the latter as an example of legal onto-epistemology’s presuppositions, motivations, and reactions to the postmodern transformations of legal landscapes. Instead of the venerated optimism the author turns to the pessimistic phi-losophy of Emil Cioran to fill the gap between scientific and popular reactions to the omnipresent decay and anxiety of our times. Is it still possible to laugh amidst the ruins (to be)?