Psychoanalysis and the Law Beyond the Oedipus : a Study in Legal Fictions
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Psychoanalysis and the law beyond the Oedipus : a study in legal fictions. Voruz, Veronique M. M. The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without the prior written consent of the author For additional information about this publication click this link. http://qmro.qmul.ac.uk/jspui/handle/123456789/1627 Information about this research object was correct at the time of download; we occasionally make corrections to records, please therefore check the published record when citing. For more information contact [email protected] Psychoanalysis and the Law beyond the Oedipus A Study in Legal Fictions Thesissubmitted for the degree of Ph.D. in Lax Veronique M. M. VORUZ Faculty of Laws Queen Mary College University of London BIBL LONDON UNIV. We need not answer for any ultimate truth, and certainly not for or against any particular religion. It is already significant that I had to situate here the dead Father in the Freudian myth. But a myth does not confine itself to not propping up rites, and psychoanalysis is not the Oedipal rite ... Jacques LACAN' Ecritr ' 81.8;316 (translationB. Fink, unpublished). 2 Abstract The present thesis considers the function of law in the political from the perspective of psychoanalysis, a discipline which foregrounds the subject. Drawing from the Lacanian contributions to psychoanalytic theory, I begin by assessing the validity of the Oedipal hypothesis for the purposes of understanding the dynamics of collective life. My analysis of civilisation in psychoanalytic terms will expose the subject as the seat of 'certain key phenomena which, despite their deeply intimate character, play themselves out in the field of law, in the confines of the institution, or again in the political realm: essentially, culpability, belief and love. I will argue that, although these phenomena irretrievably obstruct the rational unfolding of discourse, they also impel the precipitation of the subject's attachment to the political, and permit the consolidation thereof through the medium of transference. Yet, and in contradistinction to other strands of psychoanalytic jurisprudence, in this work psychoanalysis will be used neither as an hermeneutic tool nor as an analogical model. Indeed, my purpose is to evidence the existence of a certain continuity between the unconscious as discourse and the political order. This continuity between the unconscious and the political will be presented in terms of the logic of exception, which structures the subject's relation to language, and which Lacan identified as the structural core of the Oedipus complex. I will then apply Lacan's hypothesis of the exceptional structure of discourse to the theories of three political thinkers, chosen for the distinctness of their approach: Legendre, Bentham and Foucault. Finally, I will argue for the dispensability of the function of the Ideal, parasitic occupier of what should remain the structurally `empty' place of exception. 3 PSYCHOANALYSISAND THE LAW BEYONDTHE OEDIPUS A Study in Legal Fictions Abstract 3 Acknowledgements 6 Preface 7 In the Wasteland of Ethics Parr I- THE FATHERS OF PSYCHOANALYSIS 15 In the Name of the Law I Of Fictions and Men 15 II Situating Psychoanalysisin the Fictional Land of the Law 25 III Itinerary of a Journey in the Underworld of Political Power 29 Chapter I The Primordial Fact of Politics I Introduction 35 II The Freudian Discontent 38 III Law, Religion and Ethics 49 IV Introducing Jouissance 57 V Conclusion 62 Chapter II Culpability and the Politics of Love I Introduction 65 II A Genealogy of the Recuperation of Desire 68 III A Psychoanalytic Theory of Power 73 IV The Political Function of Identification 80 V The SymbolicEfficacy of the Dogmatic Order 88 VI Conclusion 94 Chapter III Exceptional Fictions of the Universal I Introduction 97 II DiscursiveModalities of the Universal 101 III A Symbolic Organisation of the Universal 109 IV An Imaginary Supplement to the Symbols of Textual Truth 118 V A Real Organisation of the Universal 122 VI Conclusion 129 4 Chapter IV The Vicious Circle of Belief I Introduction 132 II The Mechanism of Transference 137 III A Foucauldian Critique of Psychoanalysis 151 IV Individualisation, Totalisation and Bio-Power 158 V The Body in the Place of Exception 166 VI Conclusion 172 PART 11 - LAW AND PSYCHOANALYSIS 174 Taking Exception to the Letter Chapter V Psychosis and the Law: Legal Responsibility and Law of Symbolisation I Introduction 176 II Politics of Psychoanalysis 179 III Legal Responsibility; Law of Symbolisation 185 IV Psychotic Linguistics 189 V Conclusion 194 Chapter VI The Topology of the Subject of Law: The Nullibiquity of the Fictional Fifth I Introduction 196 II A Clinic of Fictions 197 III From the Other to the Letter 201 IV Love, Law and Psychoanalysis 207 V The Propositional Logic of Exception 209 VI Conclusion 214 CONCLUSION 217 w BIBLIOGRAPHY 230 5 Acknowledgements I wish to express my deepest gratitude to Professor Peter Fitzpatrick for his careful supervision, his patience, and his timely, pertinent interventions. I also wish to thank him for sharing his genuine ethical concerns with his students and for allowing us the benefit of his own tarrying with questions of justice and alterity. Many thanks also to my thinking companions of the past few years, Colin Perrin, Christopher Stanley, David Taylor, Roshan De Silva, Sarah Kyambi, Barry Collins, Baljit Dhadda, Stewart Motha and Ian Wollington, for stimulating, challenging discussions and most enjoyable company. For the understanding of psychoanalysis I acquired during my research years, many thanks to the members of the London Circle- and in particular to Vincent Dachy, Roger Litten, Natalie Wülfing and Bogdan Wolf -, and to those of the Associationde la CauseFreudienne - Val de Loire/Bretagne(ACF-VLB) for their dedication to the transmission of Lacanian psychoanalysis,not as a doxabut as an ethical practice. Many thanks also to Eileen Tanner, Barry and Gail Dravers for offering secluded abodes at various points of the writing process, and to my family for material and moral support. Chronologically, my last expression of gratitude goes to the University of Leicester, which proved to be a propitious environment for completion, and in particular to my three direct colleagues, Pascale Lorber, Giorgio Monti and Charlotte Walsh, who made my first lecturing year as easy and enjoyable as possible. Finally, heartfelt thanks to my dear friends, Heather Menzies and Nicolas Abraham, for being who they are, and for always being there. And with thepromise of a newknotting, to mypartner-sin(gt'homme,Philip Dravers. 6 Preface - In the Wasteland of Ethics PREFACE In the Wasteland of Ethics When in the wasteis the wisdom? JamesJoyce I A Tale of Lost Legitimacy In the West, and in the present context, our laws bear the deep imprint of a pervasive lack of definitive legitimacy; and this lack forces the legal discourse ever further down the self-referential circuits of rhetorical truth. As to the loss of law's legitimacy, it is no doubt to be ascribed to the enduring erosion of the This is be in mythical dimension of political power. statement to understood two moments: Firstly, demonstrate, legitimacy - and as this thesis will strive to obtains as a result of a certain correspondence between people's beliefs and the actual forms of power. French constitutionalist Claude Leclercq, for instance, concisely formulates the key condition which political power must fulfil if it is to command legitimacy: Legitimacy designates the capacity of a power to conform to the beliefs of the governed concerning its origin and its forms. Legitimacy is then accepted naturally by the governed. It entails natural obedience. [... ] Legitimacy attests to a fundamental agreement of the people (subjects or citizens) regarding the identity of the sovereign. (1999,28; my translation) is by - Secondly, this correspondence traditionally secured way of the signifying mediation performed through an utilisation of the mythical subtext which subtends a given discourse of power. Thus, Leclercq also notes that the legitimacy of the sovereign, or more generally of those who govern, is securedthrough the operation of myth: Myths make the population accept the lack of identity between those who govern and those who are governed [... ]. (ibid., 29) Yet, in an era in which the representative, liberal democracy is the prevalent mode of government, the mythical cipher which supplies the material required for the institution of a correspondence Finnegan Wake. 1992,114. 7 Preface - In the Wasteland of Ethics between the subject's beliefs and the contemporary forms of power is ever less legible. As such, one could even encapsulatewhat is known as the post-modern condition with the expression "the decline of the mythical function". How, then, is the declining efficacy of the myth in its function of securing legitimacy remedied in the present day legal system? To address this question, I suggest we qualify traditional, sovereign legitimacy with the term justness, in contradistinction to current forms of legitimacy, which echo with that of justice. More explicitly, I would pose that a form of power which derives its legitimacy from the strength of a given myth only has to maintain a certain correspondence between the beliefs of its subjects and the manifestations of its power by exploiting the mythical elements at its disposal. Today though, considering the waning mythical contents of the political, legitimacy will rather obtain as a result of the apparent justice dealt out by apparatuses of power. Having asserted that justice is now more relevant to law's legitimacy than the function of the myth, let us see where this leaves us. The Ethical Supplement It is the transience of our law-givers' sway, compounded by the marked absence of law's other-worldly truth, which foregrounds the function of ethics as the substitutive referent of the legal discourse.