Showing posts with label Sigmund Freud. Show all posts
Showing posts with label Sigmund Freud. Show all posts

June 23, 2011

Looking For Like-ness

Bernard E. Harcourt, University of Chicago Law School, is publising Radical Thought from Marx, Nietzsche, and Freud, Through Foucault, to the Present: Comments on Steven Lukes’ ‘In Defense of False Consciousness’ in the University of Chicago Legal Forum. Here is the abstract.

In his essay “In Defense of ‘False Consciousness’” and book, Power: A Radical View, Steven Lukes mounts a forceful defense of the idea of false consciousness; however, Lukes presents false consciousness and the notion of truth regimes as mutually exclusive. In this essay, I suggest that there are important family resemblances between the theory of ideology in the Marxian tradition, especially as developed by the Frankfurt School, and the critique of truth regimes rooted in the Nietzschean tradition of genealogy, especially as developed by Foucault – family resemblances that make it counter-productive to argue that one theory would make us reject the other. The task is not to defend one theory at the expense of the other, but to explore the intricate relationship between the two in order to sharpen our own critical interventions. That is the goal of this essay, drawing on the radical thought of Marx, Nietzsche, Freud, and Foucault. In addition, I go further and call for resistance, not simply to this or that way of being governed, but resistance to truth. The task, as I see it, is to unmask and enlighten, but then to shed the tools we have used before those very beliefs become oppressive themselves.
Download the essay from SSRN at the link.

May 5, 2011

The Origins of Law

Jacques DeVille, University of the Western Cape, has published On Law’s Origin: Derrida Reading Freud, Kafka and Lévi-Strauss in volume 7 of the Utrecht Law Review (April 2011). Here is the abstract.

This article's main focus is 'Before the Law', a text by Derrida on Kafka's Before the Law, in which Derrida also comments on Freud's Totem and Taboo. Freud, in this text, enquires into the origins of religion, morality, social institutions and law. He contends that this origin is to be found in a crime, the killing of the primal father by a band of brothers, followed by the institution of totemism and the incest prohibition. Freud's psychoanalytical account of the origins of the totem and the prohibition of incest has been challenged from various quarters. The article enquires whether Freud's Totem and Taboo and its theory of the primal horde in relation to the origins of law should be dismissed in light of these challenges, or whether some insight can still be gained from it. The second option is affirmed, with Derrida's 'Before the Law' pointing to the importance of reading Freud in a way analogous to Kafka's Before the Law, and more specifically to the need for a reconsideration of the originary nature of the Oedipus complex, so as to arrive eventually at a kind of 'pre-origin' of law.
Download the article from SSRN at the link.