Postmodern anarchy in the modern legal psyche: law, anarchy and psychoanalytic philosophy
Article
Article Title | Postmodern anarchy in the modern legal psyche: law, anarchy and psychoanalytic philosophy |
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ERA Journal ID | 33364 |
Article Category | Article |
Authors | |
Author | Hourigan, Daniel |
Journal Title | Griffith Law Review |
Journal Citation | 21 (2), pp. 330-348 |
Number of Pages | 19 |
Year | 2012 |
Publisher | Taylor & Francis |
Place of Publication | Brisbane, Australia |
ISSN | 1038-3441 |
Digital Object Identifier (DOI) | https://doi.org/10.1080/10383441.2012.10854743 |
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. |
Keywords | anarchism; psychoanalysis and philosophy; practice of law; appelate courts |
ANZSRC Field of Research 2020 | 480504. Legal institutions (incl. courts and justice systems) |
500320. Psychoanalytic philosophy | |
500202. History and philosophy of law and justice | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | Griffith University |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2989/postmodern-anarchy-in-the-modern-legal-psyche-law-anarchy-and-psychoanalytic-philosophy
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