Contingency Formulas

TEUBNER, Gunther, 2009. Self-subversive Justice: Contingency or Transcendence Formula of Law? The Modern Law Review. Online. 2009. Vol. 72, no. 1, p. 1–23. [Accessed 31 May 2022]. DOI .

The darkest side of juridical justice, however, is its relentless drive towards universalisation. The temptation towards ‘justicialisation’ of the world means that its binary logic – self-transcendence of law and its legal re-correction – is extended to society as a whole. Instead of restricting itself to the equal/unequal judgments in conflict resolution as opposed to the different requirements of political distributional justice and the recognition of justice in morality, it attempts with an ‘acute fever of righteousness’ to realise a just society applying the instruments of juridical justice. It is just to decide the problems of the world with the help of the binary code of law – this is the summum jus summa injuria of functional differentiation. The expansionist drive can be observed in other contingency formulas as well, with that of the economy describing all the problems of the world as a question of scarcity which can be solved only by economic means, with the legitimacy formula of politics and with the limitationality formula of science. All these contingency formulas promise to produce the good society, although in fact they can give only partial answers for their limited sector. ‘Justicialisation’ as an attempt to bring the whole of society to justice with juridical instruments is disastrous: the imperialism of legal rationality, parallel to economic, political and scientific expansionism – a unidirectional growth of juridical justice which needs to be resisted politically. This imperialism of a partial rationality is dangerous because it meets the human desire for a non-divisible justice. Although it is well-known that this desire cannot be fulfilled in modernity, juridical justice as societal justice continues to offer the false promise of salvation. Both produce a dangerous mixture of unanswerable questions and hypocritical answers. Human rights ideology as the ideal of a just society – the imperialism of juridical justice produces the totalitarian seeker of justice who projects the limited juridical justice onto the whole society, the Michael Kohlhaas of our times –‘one of the most upright and at the same time one of the most terrible men of his day’.71

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KEYFITZ, Nathan and ROGERS, Andrei, 1982. Simplified Multiple Contingency Calculations. The Journal of Risk and Insurance. Online. 1982. Vol. 49, no. 1, p. 59–72. [Accessed 31 May 2022]. DOI 10.2307/252576 . > Standard life contingency formulas are shown to have matrix analogues. The derivation of these multidimensional forms permits simple solutions to multiple contingency problems, including moves in and out of employment, insurance, marriage, sickness, and retirement. Awkward and inaccurate approximations now commonly used can thus be replaced by matrix formulas readily manipulated by computer.