Tristes Juristes

Publication Date

3-2003

Journal

Social & Legal Studies

Abstract

The article critically examines Peter Fitzpatrick's Modernism and the Grounds of Law, which explores the origins of law through a psychoanalytic lens, particularly drawing on Freud's Totem and Taboo. Fitzpatrick argues that law is rooted in a primal, savage state that is both inside and outside legal structures, creating a paradox where law is both established and undermined by its origins. The book critiques legal theory for its failure to address the body, affect, and the unconscious, suggesting that law is a form of sublimated desire. The reviewer, Peter Goodrich, highlights Fitzpatrick's unique style, which reflects the anxiety and uncertainty inherent in his analysis.

Volume

12

Issue

1

First Page

109

Last Page

120

Publisher

SAGE Publications

DOI

https://doi.org/10.1177/096466390301200106

Disciplines

Jurisprudence | Law | Law and Society

Comments

Dialogue and Debate

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