라깡의 욕망이론과 정신분석학적 인권

국문 초록 (Abstract)

본고에서는 욕망이론이 법에 왜 중요한지를 살피기 위한 논의로서 욕망, 언어 그리고 법의 관계에 대한 연구를 하고자 한다. 우선 인간의 삶이란 끊임없이 무언가를 욕망함으로써 구성되는 것이다. 그러나 삶은 언제나 타인과 더불어 사는 과정이며, 욕망의 달성 또한 타인의 도움을 필요로 하기 때문에 욕망은 언제나 언어로 환유하게 된다. 라깡에 따르면, 우리가 끊임없이 욕망하면서 사는 이유는 인간의 정신구조가 결핍되어있기 때문이다. 인간은 사회의 망에 자신의 자리를 위치지우기 위해 법과 언어의 세계 즉, 상징계에 들어가면서 세계에 대한 직접적인접촉을 잃어버리는데, 주체는 이를 존재 결핍으로 느끼게 된다. 이를 메우기 위해 지속적으로 욕망함에도 불구하고 결코 그 빈자리를 메울 수 없다.

또한 주체는 상상계, 상징계 실재계라는 세 가지 정신 기제의 상호 연결로서 보로메오 고리가 부러질 때 일종의 정신병을 겪게 된다. 결국 주체는 이러한 자신의 존재 결핍을 메우려는 욕망을 가진다. 인간 정신의 결핍을 메우려는 시도는 지속적인 ‘욕망함’과 ‘법의 준수’을 통해 가능하다. 주체는 정신병자가 되지 않기 위해서 어쩔 수 없이 상징계 법을 따르고, 끊임없는 욕망의 회로 속으로 들어가게 되는 것이다. 그로 인해 겪게 되는 자기 자신으로 부터의 ‘소외’로서 ‘존재의 결핍’은 ‘강요된 선택’과
같이 피할 수 없는 운명이다. 법은 이러한 소외를 극복하기 위해 분리 즉, 정신분석학적 윤리를 장려할 필요가 있다.

그렇다면 정신분석학적 윤리가 법과 만나는 지점은 어디인가? 자기욕망에 대하여 취하는 법과 정신분석의 모순적인 태도는 법정신분석학적 관점에서 바라보면 인간의 정신구조의 안정화, 다시 말해 정신병을 방지하기 위한 것이라 분석해볼 수 있다. 그렇다면 주체가 어떻게 정신분석학적인 윤리를 따르는 동시에 법을 준수할 수 있는가에 대한 설명이 필요하다. 먼저 인간은 법(상징계)의 부재로 인해 상상계에 고착되는 정신병의 상태를 방지하기 위하여 법을 따르게 된다. 그러나 이러한 법이라는 상징계 속으로 진입하는 순간 즉, 법을 따르는 순간 인간은 진정한 자기욕망을 잃어버리는 소외를 경험하게 된다. 더 나아가 여기서 법은 인간의 자기욕망을 제한하고 억누르게 되는데, 이로 인해 인간은 신경증을 겪게 된다. 이러한 신경증을 해결하기 위하여, 라캉은 법 속에서 살아갈 수밖에 없는 인간에게 그래도 ‘자기욕망을 포기하지 말라’는 정신분석학적 윤리를 추구하라고 제안을 한다.

목차 (Table of Contents)

• 목 차
• 제1장 서론·········································································· 1
• Ⅰ. 연구주제 ·········································································· 1
• 1. 왜 법정신분석학인가·································································· 1
• 2. 왜 라깡인가 ············································································ 2
• Ⅱ. 연구의 범위와 진행 방향 ························································· 2
• 제2장 라깡의 욕망이론과 정신분석학적 윤리······························ 5
• Ⅰ. 라깡에 대한 소개 ······································································· 5
• Ⅱ. 라깡의 욕망이론·········································································· 6
• Ⅲ. 라깡의 정신분석학적 윤리 ····················································· 10
• 제3장 법과 욕망의 관계································································· 13
• Ⅰ. 욕망과 언어, 주체의 관계 ······················································ 13
• 1. 욕망과 언어 ················································································ 14
• 1) 욕망하는 삶 ················································································ 14
• 2) 언어를 통한 욕망의 구체화 ····················································· 15
• 2. 존재 결핍을 메우려는 주체의 욕망 ········································· 20
• 3. 상징계의 결핍을 메우려는 대타자의 욕망 ····························· 27
• 4. 법의 욕망과 라깡의 욕망 사이의 상호전제성 ························ 34
• 1) 법의 효과로서 욕망 ··································································· 34
• 2) 욕망의 변증과 부정 ·································································· 35
• 3) 부정적으로 변증된 타자욕망으로서 자기욕망 ······················ 38
• 제4장 소외의 의미와 해체 ···························································· 39
• Ⅰ. 소외 개념의 발전사 ································································· 39
• Ⅱ. 소외 개념의 법정신분석학적 의미 ········································ 41
• 1. 대타자로서 법의 욕망과 불일치하는 욕망 ····························· 41
• 2. 사회화 구조로서 법의 자기욕망 억압과 주체성의 상실 ····· 45
• 1) 근대적 주체의 분열 ·································································· 46
• 2) 자기욕망의 억압과 무의식에의 축적 ····································· 47
• Ⅲ. 타자의 욕망과 소외 ··································································49
• 1. 상상계 속 주체의 절대적인 타자욕망 ···································· 49
• 1) 엄마와 아이의 양자관계 ·························································· 50
• 2) 거울단계에서 욕망의 타자성 ·················································· 51
• 2. 상징계 속 주체의 욕망의 본원적인 타자성 ·························· 53
• 1) 아이의 소외와 자기 찾기 ························································ 53
• 2) 말하는 주체의 욕망의 타자성 ················································ 55
• (1) 신체적 욕구의 언어화 한계 ··················································· 56
• (2) 욕구의 언어규범적 한계 ························································ 58
• 3) 법의 평균인상과 개인 사이의 차이 나는 욕망 ···················· 59
• Ⅵ. 라깡의 분리와 소외의 극복 ··················································· 60
• 1. 분산된 주체의 무의식 ······························································· 60
• 2. 라깡의 자기욕망 ········································································ 63
• 1) 지젝의 해석 ················································································ 65
• 2) 타자욕망과 자기욕망의 구별(인식의 문제) ·························· 67
• 3) 이데올로기 비판으로서 타자욕망에 거리두기 ····················· 69
• 제5장 법적 소외의 해체로서 인권(법)의 형성 ·························· 70
• Ⅰ. 법의 이데올로기 비판과 반성적 변화 ···································70
• Ⅱ. 정신분석학적 인권 ································································· 72
• 1. 정신분석학적 윤리의 법적 인권화 필요성 ·····························73
• 1) 인정욕망을 통한 정신분석학적 윤리의 권리화 ··················· 73
• 2) 정신분석학적 윤리의 권리화를 통한 법의 충실화 ···············75
• 2. 보편성을 대신하는 자기성 ······················································ 78
• 3. 생성중인 인권 개념으로서 정신분석학적 인권 ···················· 79
• 4. 소외의 극복으로서 인권 ··························································· 83
• 제6장 결론 ························································································85