In this article I will be suggesting that there is a problem with the modern legal subject. There is something missing, a gap in the middle of that subjectivity, which clouds our judgment. This split had its origin in the Enlightenment, its first effect being the separation of knowing from doing. Our experience of the world could only be mediated through self-conscious sense data and thought, without our being in direct contact with the satisfaction of our needs or the consequences of our actions. This new conception of subjectivity has become an impediment to judgment, since splitting the actor from the spectator, and the judge from the life of the community, results in a denial of the capacity to interpret facts in the light of experience.
Recommended CitationMohr, Richard, Identity crisis: Judgment and the hollow legal subject, Law Text Culture, 11, 2007.