환유로서 법해석, 은유로서 정의

Abstract

This article is trying to understand the interpretation of the law based on the Lacanian psychoanalytical theory. Jacques Lacan summed up his theory in the proposition that the unconsciousness “is structured like a language” through re-reading the Freudian theory on the unconsciousness with Roman Jakobson’s structural linguistics. It is that the linguistic interpretation on the unconsciousness tries to point out that the deficiencies generated by means of symbolic castration paradoxically works as driving forces of life, that is, desire of the human subject. It is by virtue of the versatility of metaphor and metonymy employed on that interpretation, that law can owe the psychoanalytical insight through connections among philosophy of language, literary theory and psychoanalysis made by Jakobson and Lacan. The subject who interpretates the law formed through the language of rational modern law starts to desire to realize justice. The subject arrays the legal languages filled with desire to fully satisfy the justice which signify itself between universality of law and singularity of particular cases. However, the justice cannot be satisfied solely through that kind of legal interpretation due to uncertainty of legal signifier to indicate the signified and inappropriateness to bear justice. Rather by reflecting on the trajectory of the array of legal signifers appeared and becoming skeptical about the current justice which the language of rational modern law seeks to approach, the subject can deconstruct the law and receive metaphoric instant that creates sense from non-sense. This kind of justice, the deconstruction of law, is neither a inter- systemic realization of justice nor a self-referential one. Rather by sliding from the law, predicating from the outside of the law, and seeing the totality of the law which is possible only at the exteriority of the law, the subject can deconstruct the current law and wait for the advent of the suspended future law. It is only possible for the modern law to reflect on itself by regarding legal interpretation as metonymy. In other words, the subject should consider results of the interpretation of the law not as outcome of justice, but as formations displaced on the process of seeking justice, like formations of the unconsciousness generated by repression of the consciousness, and contemplate on what the language of the rational modern law has repressed and censored, through conscientization those formations retroactively which can be lead to realization of the poetic justice.