Law as a discourse on life – Pierre Legendre’s dogmatic anthropology Cover Image

Prawo jako dyskurs o życiu – antropologia dogmatyczna Pierre’a Legendre’a
Law as a discourse on life – Pierre Legendre’s dogmatic anthropology

Author(s): Tatiana Chauvin
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: Pierre Legendre; dogmatic anthropology; psychoanalysis

Summary/Abstract: In the present text the author introduces the concept of dogmatic anthropology – the original idea of French philosopher, lawyer and psychoanalyst Pierre Legendre. In this conception the positive order of law should be completed by „another scene”, i.e. human unconscious. The law and namely the justification of normativity is profoundly dependent of Freudian constructions of Totem and Taboo and Lacanian conception of mirror and the role of the father as big Other. Psychoanalytic categories serve to explain the sense of legitimacy of the normative order. Our time must acknowledge his uncertain and terrifying condition and recognize that the basic reflection focuses on question: why have the law? The role of the law refers to the establishment of a zone of Prohibition and principle of filiation. This allows a subject might be born in the institutional order and be protected by it. In this sense, the subject is captured by the institution and the law become the creator of life. P. Legendre stresses the importance of the Legal Text as a source of normativity establishing identity through words.

  • Issue Year: 7/2013
  • Issue No: 2
  • Page Range: 5-24
  • Page Count: 20
  • Language: Polish