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

HOCKENHULL-SMITH, Marie (2007). Superego, special juries and a split law: eighteenth century adultery trials viewed through Zizek's lens. Law and critique, 18 (1), 91-116.

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Link to published version:: https://doi.org/10.1007/s10978-006-9006-y
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    Abstract

    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.

    Item Type: Article
    Additional Information: <p>HOCKENHULL-SMITH, Marie (2007). Superego, special juries and a split law: eighteenth century adultery trials viewed through Zizek's lens. <I>Law and critique</I>, <B>18</B>(1), 91-116</p> <p>© Springer Science+Business Media B.V. 2006
    Research Institute, Centre or Group - Does NOT include content added after October 2018: Humanities Research Centre
    Identification Number: https://doi.org/10.1007/s10978-006-9006-y
    Page Range: 91-116
    Depositing User: Ann Betterton
    Date Deposited: 20 Jul 2009
    Last Modified: 12 Jul 2010 13:08
    URI: http://shura.shu.ac.uk/id/eprint/562

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