Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State [Book Review]

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):315-339 (2013)
  Copy   BIBTEX

Abstract

This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment to the space of prohibition and Law. A new position in Language is defined. To understand how the psychic space of the infant is artfully subjugated in the making of the Western culture and domination of the Western system of legal interpretation, an enquiry into the legal emblematic history of representations is necessary to map the process through which the subject learns its legal self and relationship with otherness through what Pierre Legendre coined as the Occidental Mirror and the triangular logic of reflexivity. A final enquiry interrogates the way the legal institution places itself in the position of the specular image that captivates the subject-infant within a procreated legal order, a law-giving and law abiding life starting from the laws of the familial structure reinforced by the role of the parents and by analogy, by the State assuming that role in the institutional life of the ad infinitum infant

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Law, language, and legal determinacy.Brian Bix - 1993 - New York: Oxford University Press.
Institutions of law: an essay in legal theory.Neil MacCormick - 2007 - New York: Oxford University Press.
Law and Its Rhetoric of Violence.Anél Boshoff - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):425-437.
Mastering legal analysis and communication.David T. Ritchie - 2008 - Durham, NC: Carolina Academic Press.
What Can You Say, Words It Is, Nothing Else Going.Pierre Legrand - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):805-832.
Critical legal studies.James Boyle (ed.) - 1992 - New York, NY: New York University Press.
The authority of law: essays on law and morality.Joseph Raz - 1979 - New York: Oxford University Press.
Between natural law and legal positivism: Dworkin and Hegel on legal theory.Thom Brooks - 2007 - Georgia State University Law Review 23 (3):513-60.

Analytics

Added to PP
2013-05-03

Downloads
58 (#270,773)

6 months
4 (#790,687)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

Signs.Maurice Merleau-Ponty - 2018 - Chiasmi International 20:231-231.
Signs.Maurice Merleau-Ponty - 1964 - Evanston, USA: Northwestern University Press.
Ideas: general introdution to pure phenomenology.Edmund Husserl - 1931 - New York,: The Macmillan company. Edited by William Ralph Boyce Gibson.

View all 23 references / Add more references