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Juristocratic reckoning is observable not only “from below.” Collective struggles that employed law animated by the idea that the state should be a vehicle of social justice have provoked a reckoning “from above.” This chapter suggests three dynamics: namely, authoritarian legalism, the dispersion of law, and the tribunalization of law. They reflect differently on the reaction by states and powerful economic actors to what the editors of this volume call “legal apotheosis” but which we would rather refer to as “organic constitutionalism” (Schwöbel 2010). Within these three pathways the chapter observes an active diminishment of the already limited possibilities of law to be mobilized for social justice. In the first modality – the incremental implementation of authoritarian legalism in India – legal measures have been systematically introduced in recent years to “legalize” a dual-law situation long in the making. In a second step, the chapter outlines the dispersion of law in relation to the borders of Europe, where the access to the laws that would nominally regulate these borders (e.g., asylum law) is thwarted by the creation of new legal zones and jurisdictional responsibilities. Third, the chapter observes the tribunalization of law with relation to the regulation of global capitalism, where seemingly egalitarian procedures increase asymmetries and “singularize” injuries. Taken together, the three cases point toward the emergence of a constitutional order that is averse to political conflict being carried out through law. The pathways described in this chapter have hegemonic tendencies; they ensure that political orders are authoritatively institutionalized through law but cannot be contested through it anymore.
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