I believe the imaginary is an underestimated tool for analysing and understanding the history of our legal jurisprudence.
Through the assessment of ordinary people, it is possible to determine the motives behind a specific socio-political period that led to the development – or sometimes retrocession – of the law.
Fascinating is also the fact that the imaginary brings together two different perspective of modern societies: the “communal rights” dimension and the “individual rights” movement.
Communal rights reflect better the vision of Anderson and Castroriadis and coincide with the birth of the concept nation.
Ordinary people coming together sharing values about their common languages, traditions, culture and history led to the creation of constitutional laws that safeguard those principles. Another more current example can be the establishment of the European Union, where member states created a new code of laws based on unified economic and cultural principles.
On the other side, the imaginary explains the development of individual rights, bringing on to the table even more current topics of discussion within the legal word. According to Lacan, the imaginary is strictly connected to the psyche, i.e. the individual experience/the Freudian Ego. Lacan’s contribution to the theorisation of the imaginary helps understanding the formulation of other important legal movements such as human rights law and feminism. Through the assessment of the Ergo, new opportunities are opened to learn and understand what shall be done to improve our ‘social’ and legal dynamic.
Finally, the combination of such communal and individualistic interplay raises new challenges, questioning the role of the law and the society in a modern and globalised society which constantly defies history and tradition leading to the legal evolution/change.