Law and diversity
A chronicle of an impossibility
DOI:
https://doi.org/10.20318/universitas.2022.6572Keywords:
psychosocial diversity, mental health, disability, criminalizationAbstract
This essay is motivated to shed some light on an intrinsic difficulty to the social function that the Law fulfills: the management of diversity. In particular, psychosocial diversity has historically been a persistent obstacle to the configuration of a legal mould that allows it to include the entire spectrum of reality. The steering argument here is that the unsolvable nature of this tension leads to the criminalization of a subjectivity that escapes system’s normalizing drive. By addressing the different junctures which try, unsuccessfully, to dissolve all the differences within them, an attempt will be made to demonstrate the incompatibility between this process and the full realization of individuals.
Downloads
Downloads
Published
Issue
Section
License
Authors retain the intellectual property and copyright of the articles published in UNIVERSITAS, while granting the journal the non-exclusive rights of editing and publication. In line with its commitment to the dissemination of knowledge, the journal provides free and open access to all its content, thus fostering greater academic and cultural exchange worldwide.
Unless otherwise indicated, all texts published in this journal are protected under a Creative Commons Attribution 4.0 International License (CC BY 4.0). This license allows others to copy, distribute, and publicly communicate the material, provided that authorship and the original publication in UNIVERSITAS are properly acknowledged. The journal does not charge any fees for submission, processing, or publication of articles.