George Skouras (New York University (NYU), Department of Politics, Students; Rutgers, The State University of New Jersey – Rutgers Law School; New School for Social Research) has posted From Mechanism to Organism: A Critique of Legal Liberalism’s Foundations in Rawls, Dworkin, and Hart on SSRN. Here is the abstract:
This article examines the philosophical foundations of legal liberalism as presented by Rawls, Dworkin, and Hart. ‘Legal liberalism’ refers to a tradition stressing individual rights, the rule of law, and impartial reasoning. The article argues these thinkers share a mechanistic worldview shaped by Enlightenment individualism, which centers on autonomous individuals as the basis of social order, and utilitarian efficiency, the maximization of overall utility. This view overlooks biological, communal, and instinctive aspects of human life. Drawing on Newtonian models and bourgeois economics, their approach creates abstractions that ignore social inequalities, fragmentation, and ecological crises. The article first examines the roots of legal liberalism and how Rawls, Dworkin, and Hart reflect these themes. It then critiques these frameworks by exposing anthropological errors, stretched metaphysics, and narrow concepts of power. Next, it introduces an organic law model focused on subsidiarity, managed commons, and legal pluralism. Empirical examples, such as indigenous restorative practices, highlight this shift. They demonstrate how it aligns with real-life experiences and fosters adaptive, restorative justice. The analysis integrates case law, empirical data, and theoretical perspectives to demonstrate the practical shortcomings of liberalism and to outline a viable alternative.