Law and the Unconscious

By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.

Author: Anne C. Dailey

Publisher: Yale University Press

ISBN: 0300188838

Category: Law

Page: 283

View: 613

How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.

Law and the Unconscious

Law and the Unconscious is the first work of the French legal philosopher Pierre Legendre to appear in English.

Author: Pierre Legendre

Publisher: Springer

ISBN: 1349259748

Category: Social Science

Page: 270

View: 360

Law and the Unconscious is the first work of the French legal philosopher Pierre Legendre to appear in English. Trained as a lawyer, a historian and a psychoanalyst, the work of Pierre Legendre has consistently confronted law with the teaching and methods of psychoanalysis. The present collection of essays addresses a fascinating and diverse set of themes including the doctrinal regulation of tears, dance and law, the desire for the absolute, the war of texts, and the power of images.

Law Psychoanalysis Society

This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism.

Author: Maria Aristodemou

Publisher: Routledge

ISBN: 1134640382

Category: Law

Page: 179

View: 459

'I swear to tell the truth, the whole truth, and nothing but the truth' we say in a court of law. 'In a court of law, the truth is precisely what we will not say', says Lacan. ‘If God is dead, everything is permitted’, writes Dostoyevsky. ‘If God is dead, everything is prohibited’, responds Lacan. ‘I think, therefore I am’, reasons Descartes. ‘I am where I do not think’, concludes Lacan. What are we to make of Lacan’s inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism. The process of analysis problematizes fundamental tenets of the legal system, leading the patient to rethink long-held beliefs: terms like ‘guilt’ and ‘innocence’, ‘truth’ and ‘lies’, ‘reason’ and ‘reality’, ‘freedom’ and ‘responsibility’, ‘cause’ and ‘punishment’, acquire new and surprising meanings. By the end of these sessions, the patient is left wondering, along with Freud her analyst, whether ‘it is not psychology that deserves the mockery but the procedure of judicial enquiry’. A unique study on the nexus of Law and Psychoanalysis, this book will interest students and scholars of both subjects, as well as general readers looking to explore this perverse and fascinating relationship.

The Unconscious Before Freud

Author: Lancelot Law Whyte

Publisher: Taylor & Francis

ISBN:

Category: Subconsciousness

Page: 211

View: 178


Philosophy of the Unconscious

All animals feed , nurse , and look after their young until they can feed
themselves , and is it likely man , with his lesser fertility , should make an
exception to this general law ? And when can a child maintain itself ? Certainly
not until puberty .

Author: Eduard von Hartmann

Publisher:

ISBN:

Category: Consciousness

Page: 728

View: 317


Unconscious Memory

A Comparison Between the Theory of Dr. Ewald Hering and the "Philosophy of
the Unconscious" of Dr. Edward Von ... will investigate the laws of conscious life
according to the inductive method , and will hence , as much as the physicist ...

Author: Samuel Butler

Publisher:

ISBN:

Category: Evolution

Page: 288

View: 739


Oedipus Lex

Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics.

Author: Peter Goodrich

Publisher: Univ of California Press

ISBN: 9780520089907

Category: Philosophy

Page: 279

View: 840

Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. Through the exploration of examples from sixteenth- and seventeenth-century common law, Peter Goodrich exposes the social dimensions of the unconscious of law.

A Familiar Forensic View of Man and Law

Nay , the very operations of the mind involved in reasoning are sometimes
apparently unconscious , and , of course , merely natural . And a portion of what
we call consciousness is evidently merely natural . Having thus again
remembered that ...

Author: Robert Bruce Warden

Publisher:

ISBN:

Category: Electronic books

Page: 550

View: 891


The Southern Law Review

But history teaches nothing more clearly than that fundamental changes in laws
and institutions , especially among a free ... is , for most of those whose destiny it
affects , as unconscious as the daily growth or decadence of their physical frame .

Author:

Publisher:

ISBN:

Category: Law

Page:

View: 802


Marriage and the Unconscious

If the Church has acquiesced in some situations created by the State it has not
really given them its own legal sanction . State law can , of course , be changed
and so , for that matter , can Church law . This , at least , seems to be the opinion
of ...

Author: Edward Fyfe Griffith

Publisher:

ISBN:

Category: Divorce

Page: 221

View: 554


Law and Literature

Consequently , the two different fathers are both at work in the unconscious of
law and leave the subject with the choice to identify with either of them .
Identification is a process in the unconscious , which operates on a fantasy level .
Fantasy ...

Author:

Publisher:

ISBN:

Category: Law and literature

Page:

View: 310


Minnesota Law Review

covert awareness " -— the inconsistency between individuals ' conscious acts
and their unconscious memories , perceptions , and judgments . Claparède's
research was unusual for its time . For most of the twentieth century , the topic of ...

Author:

Publisher:

ISBN:

Category: Law

Page:

View: 916


Cardozo studies in law and literature

6 See Pierre Legendre , L'amour du censeur : essai sur l'ordre dogmatique (
Paris : Seuil , 1974 ) , p . 5. For selections of Legendre's work in English , see
Peter Goodrich , trans . and ed . , Law and the Unconscious : A Legendre Reader
( New ...

Author:

Publisher:

ISBN:

Category:

Page:

View: 879


The Juridical Unconscious

Moving from texts by Arendt, Benjamin, Freud, Zola and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O.J. Simpson and Adolf Eichmann, this text argues that the adjudication of collective traumas in the 20th century ...

Author: Shoshana Felman

Publisher: Harvard University Press

ISBN: 9780674009318

Category: Law

Page: 253

View: 504

Moving from texts by Arendt, Benjamin, Freud, Zola and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O.J. Simpson and Adolf Eichmann, this text argues that the adjudication of collective traumas in the 20th century transformed both culture and law.

Journal of Criminal Law and Criminology

Official Organ of the American Institute of Criminal Law and Criminology. the soul
... the human soul more fully , we find no idea in modern psychology deeper or
more constructive than Freud's conception of the importance of the unconscious .

Author:

Publisher:

ISBN:

Category: Crime

Page:

View: 360


The psychology of the unconscious and The relations between the ego and the unconscious

The plenitude of life is governed by law and yet not governed by law , rational
and yet irrational . Hence reason and the will that is grounded in reason are valid
only up to a point . The further we go in the direction selected by reason , the
surer ...

Author: Carl Gustav Jung

Publisher:

ISBN:

Category: Psychology

Page:

View: 975


Neurology and the Law

or make them vulnerable to ethical or legal challenge . Their conduct is
defensible as patient ... Relying on the testimony of neurologic experts , it
determined that Ms . Quinlan was permanently unconscious . It also found that
her father was an ...

Author: H. Richard Beresford

Publisher: F A Davis Company

ISBN:

Category: Medical

Page: 188

View: 202

Dr. Beresford's text provides an excellent source for neurologists and neurosurgeons to gain a better understanding of the legal process. This book will also help them avoid some of the legal pitfalls that physicians encounter during infrequent courtroom appearances. The text reviews importantneurologic malpractice judgments. It also covers medical ethical issues such as determination of brain death, how to handle patient information concerning incurable diseases, and diagnostic errors. Credentialing disputes in the context of managed care, scientific misconduct, and criminal liabilityfor violating anti-trust and antifraud laws are also discussed. A full chapter is also devoted to health care reform from the perspective of its practical impact on neurologic clinicians and academicians.

Bulletin of the American Academy of Psychiatry and the Law

Here is an example of a dynamically evaluated case meeting the law's negative
view of unconscious factors head - on . What , then , is the place of a dynamic
psychiatry in the legal system ? The answer is that it serves an explanatory
function ...

Author: American Academy of Psychiatry and the Law

Publisher:

ISBN:

Category: Forensic psychiatry

Page:

View: 925


Law and Contemporary Problems

Slips of the tongue and other parapraxias are committed via our voluntary
muscles , yet under the influence of unconscious motives . In such cases
behavior is influenced by fully or partially unconscious motivations which infiltrate
by various ...

Author:

Publisher:

ISBN:

Category: Electronic journals

Page:

View: 494


Temple international and comparative law journal

It also helps to explain why consciousness is an essential requirement for
awarding pain and suffering , and why the so - called unconscious plaintiff
doctrine is the crucial legal issue from which other titles of non - pecuniary
damages flowed ...

Author:

Publisher:

ISBN:

Category:

Page:

View: 110