Postmodern anarchy in the modern legal psyche: law, anarchy and psychoanalytic philosophy

Hourigan, Daniel (2012) Postmodern anarchy in the modern legal psyche: law, anarchy and psychoanalytic philosophy. Griffith Law Review, 21 (2). pp. 330-348. ISSN 1038-3441

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Abstract

In many a romantic vision of the state dominating the aggressive nature of human beings, the yolk of anarchy stirs. But in our postmodern era, such a vision commits itself to a fundamental legal-epistemological dilemma: once you know the law, you cannot go back to a 'no law' space. This has led some theorists to follow Robert Nozick in seeking the meagre assurances of private property and open markets to regulate in the absence of a state apparatus that is too conflict-ridden, too corrupt to be remedied. However, it is the view of this discussion that such a theoretical purview misses several crucial features of the psyche of the contemporary Australian law revealed by Lacanian psychoanalysis. The purpose of this discussion is to draw on the recent High Court of Australia appeal Lacey v Attorney-General of Queensland (2011) 242 CLR 573 and related materials to the end of proposing a commentary on a philosophico-psychoanalytic theory of law's relation to anarchy.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © Griffith University. This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source.
Faculty / Department / School: Historic - Faculty of Arts - School of Humanities and Communication
Date Deposited: 03 Sep 2014 05:57
Last Modified: 02 Feb 2017 06:14
Uncontrolled Keywords: anarchism; psychoanalysis and philosophy; practice of law; appelate courts
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems)
22 Philosophy and Religious Studies > 2203 Philosophy > 220318 Psychoanalytic Philosophy
22 Philosophy and Religious Studies > 2202 History and Philosophy of Specific Fields > 220204 History and Philosophy of Law and Justice
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
Identification Number or DOI: 10.1080/10383441.2012.10854743
URI: http://eprints.usq.edu.au/id/eprint/25912

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