Although psychoanalysis is not usually considered a part of the discipline of jurisprudence, its theories allow for comprehensive answers to the fundamental questions of jurisprudence, and its lexicon permits us to refer with clarity and precision to realities of juridical experience about which disciplinary jurisprudence remains silent. Psychoanalysis interprets law within a field defined by the vicissitudes and impasses of unconscious desire, giving us a way to speak about the pathologies that are constitutive of law’s normal operation, and this amounts, in effect if not in name, to a jurisprudence as compelling as it is unorthodox. At the same time, however, psychoanalysis also has been constrained, at key points in its history, by some of the very juridical forms and forces it seeks to analyze and to question, sometimes even to the point where those forms and forces have reappeared, internalized, within its own most basic theories and practices. If psychoanalysis allows for a comprehensive theory of law, so too then can law serve as an exemplary point of departure for the rethinking of psychoanalysis itself. The purpose of this course will be to pursue this twofold inquiry. After tracing the way that law emerges as a question within the thinking of Sigmund Freud, and considering the ways in which certain juridical problems and events are prior to and generative of Freud’s thought, we then will explore the various ways in which post-Freudian thinkers have not only applied but also rethought Freudian psychoanalysis in their own studies of law.
Limited to 30 students. Fall semester. Professor Sitze.