Investigation Año IX - Nº 15 - 2015  
 
» THE JURIDICAL MENTALITY FIXATION
By Miguel Osorio

Sumary

Althusser suggests Interpellation as a mechanism that allows any ideology to recruit subjects. Several approaches have worked in a Theory of Interpellation regarding identity, recognition, and subjectivity. This paper explores this concept in relation with Law. Law understood as ideology aims to interpellate, to produce juridical subjects. Therefore, juridical positivism seems like a well-finished try. From Bentham to Von Right, passing through Ross, the objective of a systematic, rational and clear idea of the norm is to get a better and more solid observance and legitimacy. However, this objective has not been accomplished quite accurately. On the contrary, excess, normative disorder and illiteracy are barriers in between the individual and the norm. Some questions then appear: how is the formation of the subject’s juridical mentality done currently? How is the juridical subject interpelled to make possible the functionality and legitimacy of the juridical-state apparatus, and who is it interpellated by?

Key words

Ideology - Interpellation - Subject - Juridical subject - Norm - Religion - Legitimation - Legal order

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