ABSTRACT

A critical perspective in law and criminology can be constructively augmented by a psychoanalytic semiotic view rooted in postmodern thought, particularly drawing inspiration from Jacques Lacan. This chapter explores the contributions of Lacanian thought, particularly his late development of topology theory, and, more specifically, the borromean knots. It provides a novel conceptualization of how new signifiers may develop within more stable structures. The chapter summarizes some key Marxian conceptualizations of the relationship between the “base” and “superstructure,” noting some of their deficiencies, and describes the synthesis of constitutive theory with Lacan’s idea of the borromean knots. Law both reflects dominant social relations and constitutes them. Constitutive theory begins with certain strengths of the structural interpellation view, but recognizes inherent limitations within it. Jacques Lacan attempted to provide an alternative mapping of the psychic apparatus and sense production. The constitutive theory of law will provide a useful schema in understanding the processes of sense production in signifying practices.