This article explores sovereignty as a descriptive legal concept that gains sub- stance through its concrete legal expressions rather than as a direct allocation of powers. It then draws an analogy between law and psychoanalysis: while law treats sovereignty as a formal foundation of the subject, psychoanalysis reveals it as incomplete and problematic. By examining the tension between formal and substantive sovereignty within constitutional law, the paper questions the possi- bility of true self-sovereignty. Drawing on Schmitt and Freud, it concludes that sovereignty becomes visible mainly in moments of crisis, when the legal order is suspended and reconfigured.
Note minime sulla sovranità tra diritto e non diritto.
Nicola Rizzo
2026-01-01
Abstract
This article explores sovereignty as a descriptive legal concept that gains sub- stance through its concrete legal expressions rather than as a direct allocation of powers. It then draws an analogy between law and psychoanalysis: while law treats sovereignty as a formal foundation of the subject, psychoanalysis reveals it as incomplete and problematic. By examining the tension between formal and substantive sovereignty within constitutional law, the paper questions the possi- bility of true self-sovereignty. Drawing on Schmitt and Freud, it concludes that sovereignty becomes visible mainly in moments of crisis, when the legal order is suspended and reconfigured.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


