This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - (...) or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, _The Four Lacanian Discourses_ thus constitutes an original contribution to current theoretical and practical understandings of law. (shrink)

This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. in the anglophone academy, the positivist...

What is the future of legal philosophy? No doubt it has many. But we are betting that jurisprudence will gravitate towards freedom. Freedom, the attribute of the human subject, has largely been absent from legal philosophy. This is a lack that psychoanalytic jurisprudence aims to correct. In this essay, drafted as chapter in "On Philosophy in American Law" (Francis Jay Mootz III, ed.) to be published by the Cambridge University Press, we set forth what we think are the primary differences (...) between a jurisprudence based in the Continental tradition of speculative philosophy, and the liberal jurisprudences that dominate in the American academy. Most importantly, all liberal theories start with some intuition of the free, autonomous individual. In contrast, psychoanalysis views the subject's definition as the problem of philosophy. For psychoanalysis, as reformulated by Jacques Lacan, personality and freedom cannot exist in any empirical or hypothetical state of nature because nature is unfree - bound by iron-clad laws of cause and effect. Personality and freedom are artificial creations - hard-won achievements. Subjectivity - the capacity to bear duties and rights - is a stage in this struggle. (shrink)

"Central to Schroeder's case is the conviction that reason and passion are two sides of the same coin. Rationality represents the human potential actualized only through desire, she argues; and passion functions only insofar as it preserves the rationality that makes desire possible. Far from being anti-erotic, market relations are, in this analysis, the most basic form of eroticism. Disclosing a fundamental similarity between erotic and economic behavior, The Triumph of Venus reveals that, while the former cannot be reduced to (...) the latter, the latter can only be explained in terms of the former. Venus triumphs over the market."--BOOK JACKET. (shrink)

Aan de hand van Hegel's omschrijving van bezit en Lacan's gedachten over de phallus onderzoekt de auteur de oorzaken van het juridisch ondergeschikt zijn van vrouwen aan mannen. Zij gebruikt de metafoor van de Vestaalse maagd en de fasces uit het Romeinse Recht.