| ... |
... |
@@ -1,0
+1,49 @@ |
|
1 |
+==1AC== |
|
2 |
+ |
|
3 |
+ |
|
4 |
+====From the "plain view doctrine", "Miranda warning", and "exclusionary rule" to "qualified immunity" – police and the courts act co-constitutively to justify unconstitutional action both preemptively and retroactively. The discursive schema known as "the law" is used to uphold the legitimacy of this empty system by expanding carefully constructed police narratives and legal ideology. This system enables the police to manifest reason for the courts existence and the court the opportunity to sustain police existence, respectively. Such a symbolic regime locks in the linguistic possibilities of the law while expanding doctrines such as qualified immunity into a disciplinary signifier that exceeds purely legal manifestation and impacts all fields of society. ==== |
|
5 |
+Dragan **Milovanovic,** 20**03** |
|
6 |
+Milovanovic is a professor at the College of Arts and Sciences at Northeastern Illinois University, his studies focus on postmodernism, post-structuralism, the Frankfurt school, chaos theory, complexity theory, catastrophe theory, topology theory, constitutive theory, edgework analysis, and Lacanian psychoanalytic semiotics. "An Introduction to the Sociology of Law", pg 252-254 |
|
7 |
+Hunt's specific proposal is that law helps constitute discursive formations (our own terminology is |
|
8 |
+AND |
|
9 |
+on by a diversity of disciplinary practices" (ibid., 299) . |
|
10 |
+ |
|
11 |
+ |
|
12 |
+====Normalizing symbolic forces result in the manifestation of Oedipal subjecthood – a subjectivity that is confined within institutional pathways and is forced into a singular oneness in order to enable coherence. The social constructions of scientific reasoning and universal human subjecthood form the basis of exclusion, repression of subjectivity, and structures of disciplinary power – only radical questioning can stop the continual reconstruction of the legal subject.==== |
|
13 |
+Andreja **Zevnik, **20**16** |
|
14 |
+Zevnikis a Lecturer in International Politics at the University of Manchester, UK. Her research interests include theories of subjectivity, political violence and resistance, aesthetic politics, law and psychoanalysis. She is co-editor of Jacques Lacan Between Psychoanalysis and Politics (Routledge, 2015) and a convener of the Critical Global Politics research cluster at Manchester. "Lacan, Deleuze and World Politics – Rethinking the Ontology of the Political Subject", pg 35-39 |
|
15 |
+In Oedipal logic the subject is seen as a relational/mirror construction where one |
|
16 |
+AND |
|
17 |
+takes a step forward and considers how such Oedipal ordering can be challenged. |
|
18 |
+ |
|
19 |
+ |
|
20 |
+====Any attempts at transgressions, be it individual rebellion, acts of violence, or otherwise, only serve to maintain a system of law which has included them since the very beginning – every criminal needs an innocent and every ruler needs a people. Only a critique of the underpinning signifiers which sustain this existence can prompt change.==== |
|
21 |
+Maria **Aristodemou,** 20**14** |
|
22 |
+Reader in Law, Literature and Psychoanalysis Assistant Dean for International Links and Enterprise at the Birkbeck University of London School of Law. “Law, Psychoanalysis, Society: Taking the Unconscious Seriously” pg 65-67 |
|
23 |
+ |
|
24 |
+So as we mentioned before, while prisoners' interrogation is supposed to respect the universal prohibition of torture |
|
25 |
+AND |
|
26 |
+. Instead, individual transgressions only succeed in feeding and maintaining the system. |
|
27 |
+ |
|
28 |
+ |
|
29 |
+====We advocate psychoanalytical jurisprudence as a methodology to limit qualified immunity for police officers. We'll defend that qualified immunity is bad and is significantly limited in the world of the affirmative.==== |
|
30 |
+ |
|
31 |
+ |
|
32 |
+====Qualified immunity is not only a legal doctrine, but a regime of signifiers that buttresses the judicial system's inability to be questioned or critiqued from the outside. Psychoanalysis disrupts modern jurisprudence through questioning the unconscious of institutions, adding subjectivity to an otherwise objective mix. Through this reading, we can begin to understand the legal order as socially reproduced by subjects, a grid which forms identity and relationship according to its institutional confines. Our methodology is one of a process of analysis and critique, which enables a critical interrogation of the affectivity, power, and textual linguistic codes that make up what we call "the law". ==== |
|
33 |
+Peter **Goodrich,** 19**97** |
|
34 |
+Goodrich is a Professor of Law and Director of Law and Humanities at the Benjamin N. Cardozo School of Law at Yeshiva University, he was the founding dean of the department of law at Birkbeck College, University of London, he is managing editor of Law and Literature and was the founding editor of Law and Critique. "'THE UNCONSCIOUS IS A JURIST': PSYCHOANALYSIS AND LAW IN THE WORK OF PIERE LEGENDRE" Legal Studies Forum, Vol. 20, pg 199-202 |
|
35 |
+First, and most strikingly, psychoanalysis has long been perceived as too threatening or |
|
36 |
+AND |
|
37 |
+is our common homeland (Roma communis nostra patria est). 13 |
|
38 |
+ |
|
39 |
+ |
|
40 |
+ |
|
41 |
+====The role of the ballot is to vote for the best methodology to analyze the unconscious. ==== |
|
42 |
+ |
|
43 |
+ |
|
44 |
+====Societal consciousness known as the superego, can both maintain and deconstruct the mythology of the law, which upholds particular notions of living and forecloses alternative methods of being. Institutions are structured according to this underlying ideological regime which gives them their perceived authority in the form of rules and obligations. Pathways for change are therefore constructed at a symbolic level – with and between social subjects – and political, normative, and legal influence must be leveraged on the level of this discursive form to result in change. ==== |
|
45 |
+Andreja **Zevnik, **20**16** |
|
46 |
+Zevnikis a Lecturer in International Politics at the University of Manchester, UK. Her research interests include theories of subjectivity, political violence and resistance, aesthetic politics, law and psychoanalysis. She is co-editor of Jacques Lacan Between Psychoanalysis and Politics (Routledge, 2015) and a convener of the Critical Global Politics research cluster at Manchester. "Lacan, Deleuze and World Politics – Rethinking the Ontology of the Political Subject", pg 24-25 |
|
47 |
+The psychoanalytic engagement with law explores these three aspects; and in particular the mythical |
|
48 |
+AND |
|
49 |
+paternal or Oedipal idea of law in the context of authority and the institution |