Teisinio Diskurso Dialektika
The Dialectic of the Legal Discourse

Summary/Abstract: The social origins of law are an objective factor, which encourages experts and laymen alike to engage in a legal discourse. The relevance of legal regulation puts the society under an illusion that legal discourse is easy and everybody could be a part of it by virtue of using common sense alone. Legal discourse, however, is not less complex than any other type of research discourse. At its heart lies an effort to peer into the problem in a systematic manner. Apart from its relation to other fields, legal discourse is heavily dominated by the legal substance. Legal discourse is characterized by the usage of a unique and specific language filled with legal definitions, special terminology and reasoned references to specific theories. Didactics, i.e. the knowledge of both legal regulation and doctrine, are building blocks of the quality of a legal discourse. Efforts to diminish the importance of didactics in a ‘legal’ discourse lead to a simulated science (J. Boudrillard). This leads to disinformation rather that information for the society. Simulation of a legal discourse makes law appear as something intangible and nearly metaphysical. Such discourses decrease the value of law in the society and the rule of law becomes a utopia rather than a reality of a democratic society.

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