Must Justice Be Blind? The Challenge of Images to the Law

Abstract

The blindfolding of the allegorical goddess of Justice in the early modern period has been generally understood as a mark of the new stress on judicial impartiality, which led to the modern cult of the abstract norm in juridical positivism. This paper asks the question, what were the costs of denying images to the eyes of justice? It explores answers suggested by the work of Horkheimer and Adorno, Derrida and several feminist theorists. Although acknowledging the power of their argument against abstract notions of impartial justice, it concludes by proposing certain justifications for at least a temporary suspension of the ability to see visible differences in applying the law.