Publication Date
2009
Journal
Washington University Jurisprudence Review
Abstract
The article critically examines H.L.A. Hart’s The Concept of Law, arguing that its foundational narrative of legal evolution relies on a mythological anthropology. Hart’s account of the transition from primitive to modern legal systems through secondary rules is revealed to be a myth that, while not historically accurate, conveys deeper truths about the nature of law and modernity. The analysis draws parallels between Hart’s mythography and Freud’s psychoanalytic theories, particularly in Totem and Taboo and Moses and Monotheism, to explore how both thinkers conceptualize the origins of law as a shift from direct force to symbolic authority. The article contends that Hart’s framework, while influential, perpetuates a liberal jurisprudence that obscures the complexities of legal development.
Volume
1
First Page
139
Last Page
192
Publisher
Washington University in St. Louis School of Law
Disciplines
Law | Law and Society | Legal Ethics and Professional Responsibility
Recommended Citation
Jeanne L. Schroeder,
Totem, Taboo and the Concept of Law: Myth in Hart and Freud,
1
Wash. U. Jurisprudence Rev.
139
(2009).
https://larc.cardozo.yu.edu/faculty-articles/1546
