In M. Levine (ed.), The Analytic Freud. Routledge. pp. 277 (2000)

Jose Brunner
Tel Aviv University
This essays argues that Freud’s vision of the rule of law may be worthwhile pondering by legal scholars. It can heighten awareness of its unconscious dimensions and point to a variety of ways in which the law functions as part of culture or civilization, rather than as a system with its own rules. The first two parts of the essay seek to reconstruct Freud’s notion of the rule of law as a dialectical or paradoxical civilizatory force, restraining the passions even though they drive it. These two parts retrace Freud’s genealogy of the law’s prehistoric origins and unconscious dynamics, which can be found in Totem and Taboo and, in summary form, in Moses and Monotheism. Then, the third section critically assesses the problems and limitations of some of the uses legal scholars made of Freud’s genealogy. Finally, the essay returns to the intellectual context of Freud’s conception of the rule of law, concluding with the claim that a Freudian perspective implies, in fact, that legal studies should be conceived as cultural studies.
Keywords Sigmund Freud  Law  Rule of Law  Psychoanalytic Jurisprudence
Categories (categorize this paper)
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Upload history
External links

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.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Beyond Totem and Idol, the Sexuate Other.Luce Irigaray & Karen I. Burke - 2007 - Continental Philosophy Review 40 (4):353-364.
Freud’s Dream of the Double.Brian Seitz - 2014 - Continental Philosophy Review 47 (2):177-193.
Yes, the Primal Crime Did Take Place: A Further Defense of Freud's Totem and Taboo.Robert A. Paul - 2010 - Ethos: Journal of the Society for Psychological Anthropology 38 (2):230-249.
Psychoanalytic Jurisprudence'in Tim Murphy.Paula Baron - 2004 - In Tim Murphy (ed.), Western Jurisprudence. Thomson Round Hall.
Taboo or Not Taboo: Is That the Question?David H. Spain - 1988 - Ethos: Journal of the Society for Psychological Anthropology 16 (3):285-301.
Jurisprudence, 2009-2010.David Brooke - 2009 - Routledge-Cavendish.
Psychoanalytic Jurisprudence.Albert Armin Ehrenzweig - 1972 - Dobbs Ferry, N.Y., Oceana Publications.
The Unconscious: How Does It Speak to Us Today?Bent Rosenbaum - 2003 - Scandinavian Psychoanalytic Review 26 (1):31-40.


Added to PP index

Total views
91 ( #101,223 of 2,330,840 )

Recent downloads (6 months)
4 ( #194,262 of 2,330,840 )

How can I increase my downloads?


My notes