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.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11571/1554268
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