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Disenchantment of the Law


            The term disenchantment in a philosophical context was first conceived by Max Weber when he described Western society as being in a state of gradual 'disenchantment'. The term then had a profound impact on social theory which then spread to the study of law and jurisprudence (Blank, 2011: 635). The impact of disenchantment in a general sense can be seen throughout the social domain in all territories of human activity (Blank, 2011: 636). This can be seen in its simultaneous impact on science, economy, art, and politics as well on sexuality (Blank, 2011: 637). All these realms of human activity have progressively become disconnected from religion and the godly. What is meant by this is that they have all become secularized (Blank, 2011: 637). It is seen as a process that firstly affects religion. Magic and revelation are not considered to be the only avenues through which salvation can be achieved. Instead, they have been reduced to being heretical and superstitious (Blank, 2011: 636). Religion itself, which was initially thought of as being the locus of enchantment, has become disenchanted in that it has become removed from what was considered to be miraculous and otherworldly. This can be seen as a result of religion, as well as all the other realms of human activity mentioned above, having undergone a process of rationalization and bureaucratization (Blank, 2011: 636 - 637). Disenchantment is a process that has resulted in the division in a world that was once unified because of the existence of religion. It is a process that has led to the fragmentation of a whole and the ability to make sense of and find meaning in the world Blank, 2011: 637). This is because key players in the sphere in the sphere find themselves being bound by rationalization and bureaucratization and as a result become trapped in what is referred to as "iron cage of modernity" (Blank, 2011: 637).


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