Book contents
- Frontmatter
- Contents
- List of Illustrations
- Preface and Credits
- Introduction: On the Case
- 1 Miscarriages of Transmission: Body, Text and Method
- 2 Silencing Schreber: Freud, Lacan, Rejection and Foreclosure
- 3 Morbus Juridicus: Crisis and Critique of Law
- 4 The Impure Theory of Law: The Metaphysics of Play-With-Human-Beings
- 5 The Judge’s New Body: Am I That (Woman)?
- Conclusion: Laughing in the Void
- Bibliography
- Index
4 - The Impure Theory of Law: The Metaphysics of Play-With-Human-Beings
Published online by Cambridge University Press: 01 May 2021
- Frontmatter
- Contents
- List of Illustrations
- Preface and Credits
- Introduction: On the Case
- 1 Miscarriages of Transmission: Body, Text and Method
- 2 Silencing Schreber: Freud, Lacan, Rejection and Foreclosure
- 3 Morbus Juridicus: Crisis and Critique of Law
- 4 The Impure Theory of Law: The Metaphysics of Play-With-Human-Beings
- 5 The Judge’s New Body: Am I That (Woman)?
- Conclusion: Laughing in the Void
- Bibliography
- Index
Summary
‘What will come of this cursed affair?’ and ‘What will become of me? Should he’ (scilicet say or think) – such are the questions that have for years been spoken into my head by the rays in endless repetition; even if they rest on falsifications and do not render my own thoughts, yet they give a hint that even God is aware of a thoroughly mismanaged affair.
The morbus juridicus from which Schreber suffered was not simply a sickness with law but equally an ailment of a deeper kind, a dissatisfaction with the grounds of lex, with the absent authority and lack of justice in the jurisprudential trajectory of his epoch. Not only is his constant reference to juristic figures, professional terminologies and jurisprudential categories, both Roman and German, a mark of his struggle to obtain release despite his inept legal team, it is also symptomatic of a metaphysical concern with a system that he in turn diagnoses as ‘out of joint’ and smelling rotten. The narrative and trajectory of the Memorabilia is directed constantly towards the theological and theoretical bases of legal structures. His critique is of abstract impositions, external interferences, an inhuman law operated by automata, machines, rather than a material and embodied law. If we return momentarily to the figure of the scales, and the Judge's dissatisfaction with his initial treatment, his complaint that he was never taught to use the machinery for weighing himself at the Leipzig clinic by the over-busy, and latterly professionally negligent, Professor playing God, Flechsig, we can open the question of justice that is the most immediate referent of the symbolism of the scales and, indeed, in the French, of La Dame de Balance whom Schreber was striving, often against himself, to invoke and to become. Schreber couldn't weigh himself; he was unable to measure and so contribute to and speed up his cure. We can note first that the symptom is a manifestation of bodily unease, malaise of a corporeal kind that requires attention, care. The primary meaning of the inability to weigh is at this stage, as Sanders notes, that of a deficit of judgement and jurisdiction.
- Type
- Chapter
- Information
- Schreber's LawJurisprudence and Judgment in Transition, pp. 87 - 111Publisher: Edinburgh University PressPrint publication year: 2018