Criticism of law through the anarchist principle of justice, a foundation for social communalism

Authors

  • Carlos Montalvo Martínez Universidad Intercultural indígena de Michoacán, México

DOI:

https://doi.org/10.52729/npricj.v5i9.66

Keywords:

Justice, Law, Mutual Aid, Imputation, Communality

Abstract

Making a critique of the law requires grounding the reflection through the principles of anarchist
action and thinking, such as freedom, mutual support, reciprocity, and justice. Principles that we find in our own history
as indigenous peoples of Mexico, specifically in the category of communality and the “Nosotros”. That they are unfolded
in the need to demolish stone by stone the building that the State raised on life. It implies using critical reason against
the divinities that are law, authority, private property, and individuality; which through the imputation are linked giving
existence to the right and its idea of normative justice. The legal norm does not order justice or the conduct that it wants to
motivate; It links the sanction to the contrary conduct with respect to its logic. Its object is not justice but sanction; expression
of inequality and lack of reciprocity. The State is not fair or unjust, it is an instrument of those who hold power with
a utilitarian logic that administers sanctions and resources, determining a type of right, punishment, or price to those who
are imputable of meritorious responsibilities of the punishment, without which no would exist. The State is transformed
into a weapon: the law, an instrument of power against freedom, therefore unjust. Here our own history as a people reveals
community processes, conceptions, and practices against injustice; communalist practices, coinciding with the anarchists;
both mostly close to justice as being and gift, then to the normative interpretation of them must be and sanction.

Author Biography

Carlos Montalvo Martínez, Universidad Intercultural indígena de Michoacán, México

Profesor investigador en la Universidad
Intercultural indígena de Michoacán,
Licenciado en Filosofía, Maestro y Doctor en
Antropología social por la Universidad
Nacional Autónoma de México. Líneas de
investigación: Movimientos sociales y
pueblos indígenas, Patrimonio cultural, y
Filosofía del derecho.

Published

2021-07-31