The Power of the Powerless

way and the body of society would hemorrhage at random. Order would collapse.

A persistent and never-ending appeal to the laws—not just to the laws concerning human rights, but to all laws—does not mean at all that those who do so have succumbed to the illusion that in our system the law is anything other than what it is. They are well aware of the role it plays. But precisely because they know how desperately the system depends on it—on the “noble” version of the law, that is—they also know how enormously significant such appeals are. Because the system cannot do without the law, because it is hopelessly tied down by the necessity of pretending the laws are observed, it is compelled to react in some way to such appeals. Demanding that the laws be upheld is thus an act of living within the truth that threatens the whole mendacious structure at its point of maximum mendacity. Over and over again, such appeals make the purely ritualistic nature of the law clear to society and to those who inhabit its power structures. They draw attention to its real material substance and thus, indirectly, compel all those who take refuge behind the law to affirm and make credible this agency of excuses, this means of communication, this reinforcement of the social arteries outside of which their will could not be made to circulate through society. They are compelled to do so for the sake of their own consciences, for the impression they make on outsiders, to maintain themselves in power (as part of the systems own mechanism of self-preservation and its principles of cohesion), or simply out of fear that they will be reproached for being clumsy in handling the ritual. They have no other choice: because they cannot discard the rules of their own game, they can only attend more carefully to those rules. Not to react to challenges means to undermine their own excuse and lose control of their mutual communications system. To assume that the laws are a mere facade, that they have no validity, and that therefore it is pointless to appeal to them would mean to go on reinforcing those aspects of the law that create the facade and the ritual. It would mean confirming the law as an aspect of the world of appearances and enabling those who exploit it to rest easy with the cheapest (and therefore the most mendacious) form of their excuse.

I have frequently witnessed policemen, prosecutors, or judges— 58