O direito como campo de gozo e o laço social - direito, pragmática e o discurso psicanalítico: uma crítica na razão jurídica
The scope of this thesis is to investigate about the contemporary law statute, articulating lawand the psychoanalitic speeches in Freud and Lacan perspectives. Transformations that havebeen happenning in law since modernity, have inscribed ethical and epistemological problemsthat question its unity, legitimity and foundation. The theme is approached focusing the timeproblem. It?s not about, however, a linear time, in a yesterday-today-tomorrow paradigm. It?sabout present time (in portuguese, ?tempo atual?): it?s made of a discursive action, which isthe action of how to operate and to say law, in a jouissance field.The different perspectives and discursive positions that constitute the juridical praxisdetermine the ex-centric effects,of no-sense, power effects. The speech is, in this context,analysed, which means that the different discursive positions of the subject of law science areread, constituting the juridical field around an emptiness that structures it and that is acondition for its social function. The pretentious scientism establishes different discourses,different ways of saying law; summarizing, it establishes the juridical speech as an unscientific(in portuguese, ?a-científico?) (it is about from object a of the lacanian notation, of aspeech in which the alterity and the emptiness are constitutive). The psychoanalysis (thatoperates related to the subject of the science and inscribes the speech as a social bond, in thearticulation between signifier and jouissance) was not used in a metaspeech function, whichallowed it to be articulated to the pragmatics. It implied not in a criticism of the law, but acriticism in the juridical reason, considering that the different juridical speeches areconstitutive of the juridical reason and of the truth of the subject that determines, in action, theway of saying law, producing social, economics and political consequences, that imply thesubject, either for its actions and decisions (even when the subject places itself in a position ofobject - which is the condition of the subjective position changing, according to the analiticalaction premisses). In this context, a displacement of the traditional opositions, like humanitiesand natural science, closed system and open system was made. The unity of the juridicalsystem, understood as an autopoietic system that is originated from its operations and, then,from the discoursives positions of the subject of law, one by one. A juridical systemconstitutively a-nomic, not because there would be lack of laws or norms, but for the effect ofthe norms and the discoursive ways of saying and operating law. Before that, the context ofthe well-saying ethics and of the lacanian (l)uhmannism (in an articulation between Luhmannand Lacan thoughts) was emphasized, and also the ex-sistence of the subject of law and itsresponsability for the act of citizen-ship (in portuguese, cidadani-a), which means, for the actof saying and reading the acts in law field, adopting a position before the strategies and effectsof power that constitute the juridical speech. The legitimacy and foundation of law are notsituated in traditional law philosophy, but they are inscribed in the functioning of democrac-y(in portuguese, democraci-a). The juridic-a-l philosophy is not opposed to knowing about lawscience, considering that it ex-sists in the act of operating law, inscribed in the not-knowing,which is constitutive of the juridical field
Advisor:Tercio Sampaio Ferraz Jr.
School:Pontifícia Universidade Católica de São Paulo
Source Type:Master's Thesis
Keywords:Contemporary law Law speeches Psychoanalitic
Date of Publication:04/28/2007