David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press (2009)
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.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
Robin West (2011). Normative Jurisprudence: An Introduction. Cambridge University Press.
David Brooke (2011). Jurisprudence. Routledge.
Roger Berkowitz, Revolutionary Constitutionalism: Some Thoughts on Laurie Ackermann's Jurisprudence.
Raymond Plant (2011). The Jurisprudence Annual Lecture 2010 Freedom, Coercion, Necessary Goods and the Rule of Law. Jurisprudence 2 (1):1-16.
Jeanne Lorraine Schroeder (2008). The Four Lacanian Discourses: Or Turning Law Inside-Out. Routledge-Cavendish.
H. McCoubrey (1999). Textbook on Jurisprudence. Oxford University Press.
Brian Leiter (2007). Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Legal Philosophy. Oxford University Press.
David Brooke (2009). Jurisprudence, 2009-2010. Routledge-Cavendish.
Added to index2009-01-28
Total downloads16 ( #106,255 of 1,099,557 )
Recent downloads (6 months)1 ( #300,754 of 1,099,557 )
How can I increase my downloads?