Essay, Research Paper: The Law Is Arbitrary But Neces

The Law Is Arbitrary But Necessary
What we are concerned with, then, is a number of prohibitions to which these primitive races are subjected .
These prohibitions are mainly directed against liberty of enjoyment and against freedom of movement and communication
Behind all these prohibitions there seems to be something in the nature of a theory that they are necessary because
These quotes of Sigmund Freud state that the law is arbitrary but it is also necessary. But it is better first to examine and define couple of jargons and terms, which Freud uses in his book in order to better understand the topic.
We can start by making the definition of taboo . According to Freud the meaning of this word depart into two opposing directions. In a way it is referred to sacred , consecrated (holy), in another way it is referred to uncanny (strange), dangerous , forbidden , unclean .
But the exact definition of taboo for Freud is like this : Taboo is a primaeval prohibitionforcibly imposed (by some authority) from outside, and directed against the most powerful longins to which human beings are subject
According to him taboo restrictions are separate from religious or moral prohibitions, in terms of their bases, as they are not based upon any divine regulations. Also he differs them from moral prohibitions by the idea that they fall into no system that proclaims generally that certain absorptions must be observed.
When we analyze the objects of taboo, we realize that they are many. We see also that the taboos attaching to: the breakers of the taboos (which Freud names them as enemies), the rulers in the society (which Freud name them as rulers) and finally the rest of the society.
Then Freud deals with the situation in which the violation of a taboo results. According to him, the punishment for the violation of a taboo was no doubt originally left to an internal, automatic agency (p. 20). The reason for this is that the source of taboo is recognized to magical power that is inherited in persons and in their spirits and can be conveyed by them through the medium of non-living objects. (p. 20). He states that no external threat of punishment is needed, because there is already an internal certainty, a moral belief that any violation will lead to intolerable disaster.
We then see Freud s ideas on obsessional prohibitions. They involve just as wide rejection and limitations in the lives of those who are subject to them as do taboo prohibitions; but these may be lifted if some events are done (p. 28).
Also for Freud, the taboo may be either permanent or temporary. But whatever the time period it has, the violation of a taboo is prohibited. And behind
these prohibitions lies the belief that certain persons and things are charged with a dangerous power that can pass through contact.
Then, Freud notes that the savages are unconscious (p. 29) and not capable of telling us the real reason for their prohibitions, according to him, this is the origin of taboo. But for Freud there has always been the original desire to do the prohibited thing.
In their unconscious there is nothing they would like more than to violate them, bur they are afraid to do so . Here we also realize that according to Freud the fear is stronger than the desire.
Then Freud implements another importing idea that the basis of taboo is a prohibited action, to perform, there for a stronger tendency exists in the unconscious. Then according to him this is why the violation of certain taboo prohibitions forms a social danger that must be punished or agreed by all members of the society. Because if we replace the unconscious desires by conscious desires, the danger arises. If the violation were not punished by the rest of the members of the society, they would become aware that they wanted to act in the same way as the transgressor. (p. 33)
Here we meet an interesting opinion of Freud, dealing with the rulers, interpreting the need for isolation of the chiefs and priests from the rest of the society not only the enemies. But for him this taboo upon rulers is not derived from the need for protection against them.
As it is seen from the text, according to Freud the taboo then grows into a force with a basis of its own, independent of the belief in demons. It develops into the rule of custom and tradition and finally of law.
Later Freud mentions that the only possible reason why the prohibitions no longer take the form of taboos must be some change in the circumstances governing the ambivalence underlying them. (p. 71)
To sum up, then it is feared among primitive peoples that the violation of a taboo will be fallowed by punishment, as a rule by some serious illness or death. The punishment threatens to fall on whoever was responsible for violating the taboo. (In some cases it is different, what the patient fears is if he performs some forbidden action, the punishment will not fall on himself but on someone whom he or she cares.)
These prohibitions, and its results the punishments are aimed at against the liberty of the individuals in the community. Their liberty of enjoyment and freedom of movement are limited, but these are necessary to not spread this action to the others in order to protect the rest of the society and its harmony. Also these are necessary to suppress the societies unconsciousness.
References:
*** Totem And Taboo, Sigmund Freud, Redwood Books, Trowbridge, 1950