Publication Date

4-2003

Journal

University of Miami Law Review

Abstract

The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.

Volume

57

Issue

3

First Page

767

Last Page

790

Publisher

University of Miami School of Law

Disciplines

Commercial Law | Jurisprudence | Law | Law and Society | Torts

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