Justice and law in the thought of Arthur Schopenhauer (1788–1860)

Abstract

The German philosopher Arthur Schopenhauer (1788–1860) stated that the world has two coexisting dimensions: the Will-side, which is the metaphysical, ideal, and ultimate reality where isolated creatures do not exist; and the Representational side, which Will-powered, self-centered individual phenomenon inhabits. Schopenhauer asserted that in human societies under the imperative of the Will, temporal justice may only aspire to prevent ill-natured actions towards humans and animals. Absolute freedom happens at the metaphysical level of the primeval Will, and an eternal justice exists, because victims and perpetrators belong to the same essence, and their deeds are therefore balanced. In Schopenhauerian terms, the only bridge between temporal and eternal justice is Will-denial, which leads to compassion and asceticism, and occurs after the awareness of the unity of all living beings. However, Will-denial, by being a strictly individual and unpredictable issue, led to Schopenhauer's pessimism about an enduring collective well-being. Approaching eternal and temporal justices is thus, a worthy quest, which is visible in the current worldwide concern and interest in altruism, cooperation, and compassion. Nevertheless, if this progress is devoid of compassion and asceticism (cooperation and healthy austerity in modern terms) it could lead to increased malicious social control and manipulation. Schopenhauer's thought may thus be part of the philosophical foundations of contemporary forensic psychiatry. This paper discusses these aspects of the philosopher's work, with reference to current ideas and literature in forensic psychiatry, psychology, law, and issues in contemporary physics which are pertinent to this debate.