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15 L. & Critique 1 (2004)

handle is hein.journals/lwcrtq15 and id is 1 raw text is: JODI DEAN*

ZIZEK ON LAW
ABSTRACT. This essay outlines the theory of law in the work of Slavoj Zizek. Zizek
proceeds from the premise that law is internally, constitutively divided. Law is split
between the external social law and the obscene superego supplement. Superego is the
necessary, unavoidable underside of the social laws that hold together the community.
Nevertheless, law can serve potentially liberatory ends. It can work as a repository for
aspirations for something better. Thus, the article argues that for Zizek what is beyond law
inheres in law as a kind of faith. The advantage of Zizek's approach to law thus rests in the
way it addresses the crime of law while holding onto the hope animating law.
KEY WORDS: desire, hope, psychoanalysis, superego, violence, Zizek
A few years ago, I interviewed Slavoj Zizek for the Abercrombie and Fitch
catalogue. The catalogue is well known in the United States for selling
clothes by featuring barely clad teenage bodies in highly charged homo-
erotic photographs by Bruce Weber. It also runs interviews with academics,
writers, musicians, and more or less alternative celebrities - if such a state-
ment makes sense. Be that as it may, when I told Zizek that I would show
him the interview in advance, he cheerily replied, Oh that's not necessary.
Whatever I say, you can make me say the opposite!
Zizek is not a legal theorist. Nor is he an analytically formal or tradi-
tional philosopher. What Ernesto Laclau says of The Sublime Object of
Ideology also applies to Zizek's work more generally: rather than a
systematic structure in which an argument is developed according to a
predetermined plan, Zizek provides a series of theoretical interventions
which shed mutual light on each other, not in terms of the progression
of the argument, but in terms of what we could call the reiteration of the
latter in different discursive contexts.1 The strength of a given concep-
tualisation manifests itself through repeated applications and expressions.
* I wish to thank Peter Fitzpatrick for giving me the opportunity to present an early
version of this paper in his workshop on the political at Birkbeck, School of Law, in
November 2001. The critical encouragement I received there was invaluable. I am also
indebted to Paul Passavant, Lee Quinby, and the outside reviewers for their thoughtful
remarks on an earlier draft of this paper.
1 E. Laclau, preface to S. Zizek, The Sublime Object of Ideology (London: Verso, 1989),
xii.
LA Law and Critique 15: 1-24, 2004.
O    © 2004 Kluwer Academic Publishers. Printed in the Netherlands.

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