Desmistificação da lei

Demystification of the Law by H. L. A. Hart:

“The central idea that these words are used to express is that unjust, anachronistic, inefficient or otherwise harmful social institutions, including laws, are frequently protected from criticism by a veil of mystery thrown over them. This conceals their true nature and effects, perplexes and intimidates the would-be reformer, and so prolongs the life of bad institutions. The forms of mystery … include not only glorification by open eulogy and pomp and ceremony; not only the use of archaic dress and diction unintelligible to the layman, but also, and more importantly, mystification consists in the propagation of a belief: the belief that legal or other institutions of society are infinitely complex and difficult to understand, and that this is an invincible fact of nature, so that long-standing institutions cannot be changed without risk of the collapse of society. “ Herbert L. A. Hart, ‘Bentham and the Demystification of the Law’, Modern Law Review, 36: 1 (1973), 2.