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

Dr Tatiana Chauvin

University of Warsaw

English 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.

Keywords: Pierre Legendre, dogmatic anthropology, psychoanalysis

Language:Polish

Published: Number 2(7)/2013, pp. 5-24

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Filed Under: Articles Tagged With: dogmatic anthropology, Pierre Legendre, psychoanalysis

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Katarzyna Mikołajczyk-Graj the triad of causes cognitive science analytical philosophy ethics of never again intra legem gap Marek Jakubiec individual and political freedom legal positivism Andrzej Grabowski contextualism professional role theory of legislation trademark law Georgii Sibirtsev court decisions abortion discourse dogmatic anthropology right to truth Michał Dudek Mateusz Zeifert justifications of judgments equal consideration principle financial market definition of the law general clause judicial character law and ideology courtroom discource post-theology protection of the memory of the deceased decision-making Bartosz Greczner limits of juristic power Paul Ricoeur dissenting opinion legal culture lustration Searle juristic virtues legal conventionalism multiculturalism of law formalization Wojciech Engelking normative and methodological debate reflexivity judicial proceedings factual knowledge personal traits Friedrich A. Hayek

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