The Moral Imaginary of Discourse Ethics

Abstract

The central claim of this essay is that Habermas' pro gram of discourse ethics fails to establish the necessary immanent connection between the universality of discourse ethics and the quasi-transcendentalism, which is supposed to provide its ground. Habermas' attempt to avoid the spectre of subjectivism leads him to develop an understanding of universalism that hinges on a critical error, the confusion of subjectivity with ethical sub stance. Using Castoriadis' theory of the imagination to illuminate this failure, I demonstrate the way in which Habermas' moral theory of discourse inadvertently harbours a moral-imaginary horizon, a pre-political kernel which undercuts its capacity to serve as a universalist ethic.     

Zizek on Law

This essay outlines the theory of lawin the work of Slavoj Zizek. Zizek proceedsfrom the premise that law is internally,constitutively divided. Law is split betweenthe external social law and the obscenesuperego supplement. Superego is thenecessary, unavoidable underside of the sociallaws that hold together the community.Nevertheless, law can serve potentiallyliberatory ends. It can work as a repositoryfor aspirations for something better. Thus, thearticle argues that for Zizek what is beyondlaw inheres in law as a kind of faith. Theadvantage of Zizek's approach to law thus restsin the way it addresses the crime of law whileholding onto the hope animating law.     

Lacan, Science, and Law: Is the Ethnography of Scientism Psychoanalytic?

By adopting an idealized conception of the scientific enterprise, mirroring scientists' own self-conception, courts minimize the social and rhetorical aspects of science as ornamental, contingent, and eliminable. Lacan's reflections on science, and on the question of whether (or in what sense) psychoanalysis is scientific, parallel and enrich the efforts in science studies to show that the social and rhetorical aspects of science are co-productive, constitutive, and inevitable. Specifically, Lacan's identification of science as a discourse in denial of its subjectivity leads to a psychoanalytic re-orientation of ethnomethodology - an anthropological approach now favored in science studies. In the context of litigation involving scientific expertise, attorneys already assume, in their depositions and cross-examination, the role of ethnographers on foreign ground, but to the extent that the discourse of science replaces or dominates the discourse of law, legal ethnographers should also assume the role of analysts exploring the unconscious of science. This revised version was published online in July 2006 with corrections to the Cover Date.     

现代诠释学对弗洛伊德精神分析学的解读

精神分析与诠释学有着密切的联系,而且这种联系是多元、双向的。传统诠释学从方法论上支持了古典精神分析学的创立和发展,而在现代诠释学家那里,精神分析既被当做重要的"文本"来解读,又被视为一种具有方法论意义的理论工具。弗洛伊德的古典精神分析成为现代诠释学创立过程中重要的理论工具和解读文本,例如,现代诠释学的创始人利科和法兰克福学派的重要代表哈贝马斯对弗洛伊德精神分析学的解读,以揭示精神分析与其他人文社会科学相融合的过程,以及它在人类文化发展中经久不衰的多元价值和意义。     

Superego,special juries and a split law: eighteenth-century adultery trials viewed through Zizek’s lens

Over the course of several books, Zizek develops a psychoanalytical account of the symbiosis between the public law and the individual subject’s own acquiescence. It is of course a non-formalist theory, suggesting that formal law alone does not achieve social order. This article applies an element of the theory empirically to a historical question: to the question of how the behaviour of juries in a particular type of 18th-century adultery trial managed to be both the object of contemporary controversy and an expression of normative values. The social ambivalence signalled by that doubleness opens surprisingly well to Zizek’s theory that the power of law is divided between its own public form and the subjects’ expression of superego. The theory of the split law, the hidden supplement outside the system, clarifies the historically-specific example. However, the historical example also illuminates the theory: it suggests how the space for this supplement also exists within the system, which can incorporate and make use of it.

Human Rights and Postmodern Utopia

Human rights have triumphed globally but no other historical period has witnessed greater violations of their principles. Exploring this paradox through the work of Ernst Bloch and by using the psychoanalytical concept of the imaginary, the essay argues that human rights express the utopian hope for a society in which people are no longer degraded and despised. This hope however has been hijacked by governments, submerged into treaties and conventions and often leads to the dismembering and reassembly of people into synthetic entities-carriers of rights. The postmodern utopia is the hope of an (impossible) future existential unity. This revised version was published online in July 2006 with corrections to the Cover Date.