ABSTRACT

In the United States the socialisation of production that everywhere gave rise to general sociology and to sociology of law combined with a historistic emphasis on practice to form pragmatist philosophy and its offshoot pragmatist jurisprudence. Exegetical jurisprudence, therefore, is in this sense ideological. It is as a part of the legal order as an ideology that jurisprudence presents the legal order as absolute. The evolutionist ideology, in its historising and comparatist tendencies, contains the seeds of a general relativisation which promises the supersession of ideology as such. The ideologically restricted unity of indicative and deontic in the objective idealism which is the matrix of this nihilation binds description to specifically legal aims. A dual object of knowledge: first, the socially prevalent fallacious belief in 'law' and second, those suggestions and demands that are transmuted into 'legal' norms through that belief.