The role of the wrongdoer

The evolution of prohibitions in humanity

Philosophy and transgression — history of law.

When their eyes met, there remained between them only one certainty: that everything was decided and that all prohibitions were now indifferent to them. Robert Musil

Jurisprudence and morality are the foundation of law. Our philosophy understands by "system of prohibitions" the legislative, moral and ethical ensemble prohibiting certain human acts.

Under the term "transgressor" (or delinquent) we will qualify every individual who infringes these human prohibitions. From this angle, we can all consider ourselves as delinquents — to a greater or lesser degree.

History of law and prohibitions

From the moment our species fashioned its first prohibitions, humanity constituted itself. From the instant these prohibitions were verbalised and transmitted to descendants, the history of law began. Schematically, prohibitions began as taboos, concerning a particular tribe. Then they evolved into morality, limited to the religious community. From this morality, they progressively migrated toward the universal and the secular — and henceforth concerned all of humanity.

Toward universality

The number of human prohibitions has never ceased to increase, adjust and universalise. Between the founding laws of humanity and the current legislative ensemble, the mass of prohibitions has continued to grow. This sum of constraints has allowed us to acquire a certain mastery of our primary behaviours.

Of course humanity has not yet resolved all its behavioural problems. The stronger still manages to despoil the weaker — and very often with the help of the law. But humanity is gradually detaching itself from these primary behaviours.

A law under human responsibility

The system of prohibitions is not given to humanity — it is for humanity to build law and right. To develop these values and lead them progressively toward their perfection. Every human being can already imagine a law close to perfection. They can also visualise a humanity capable of obeying it as well as possible. A humanity having surpassed the current stage for a far more symbiotic and cooperative system. The broad outlines of a just, universal and egalitarian law have been drawn. Kant's famous categorical imperative gives us the direction: "Act only according to that maxim by which you can at the same time will that it should become a universal law." Law and right must therefore become "universal".

Text written in 2000

Pure reason is practical by itself alone and gives humanity a universal law that we call the moral law. Emmanuel Kant