Freud and the Rule of Law

Abstract

The Rule of Law is a powerful mass illusion analogous to religion in its psychological origin and function. The illusion consists in the belief that above our human rulers exists a transcendent body of laws, like the American Constitution, that is impersonally and objectively applied by judges and that protects us from our human rulers. Applying Freud's analysis of the religious illusion to the Rule of Law, this paper argues that the Rule of Law serves as an abstract father-substitute that is mediated through judges, much as God is mediated through priests. To achieve social progress Freud urged humanity to free itself of the religious illusion; such progress likewise requires exposition and eradication of the Rule of Law illusion.