Psychoanalysis and Law: Elements for a lacanian critique of the ideology of Law

Abstract

:This paper seeks to explain a new way of carrying out the critique of the juridical ideology, inspired in the Lacanian teaching. After noticing the importance of the study of the Law as a form, the avoidance of the fascination for its hidden content s promoted, driving the legal analysis to look the juridical form as such. In this context, warning is made in relation to the constitutively divided character of Law, this means the presence of a negativity inherent to its structure that, nevertheless, enables the approach of The Political in the juridical. It also proposes a symptomatic approach to the juridical form capable of taking account of the signs of the irruptions of The Real of the antagonism in the juridical form. Finally, it points out the Lacanian notion of fantasma as a key concept in order to understand the juridical-ideological operations by means of which the individuals are affectively subjected in the repetition of de dominant order of things.