Law, Psychoanalysis, Society

Law, Psychoanalysis, Society
Author: Maria Aristodemou
Publisher: Routledge
Total Pages: 190
Release: 2014-06-27
Genre: Law
ISBN: 1134640382

'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.

Psychoanalysis, Law, and Society

Psychoanalysis, Law, and Society
Author: Plinio Montagna
Publisher: Routledge
Total Pages: 322
Release: 2019
Genre: Business & Economics
ISBN: 9780429202438

Psychoanalysis, Law, and Society explores the connections between psychoanalysis and law, arguing that these are required not only for conceptual or theoretical needs in both fields, but also for the vast range of practical implications and possibilities their association enables. The book is divided into four parts, each addressing a unique example of the interaction of legal and psychoanalytic work. It begins with matters that are as global as they are local: the challenge of caring for and aiding migrants, refugees, families, and individuals; the question of planetary survival; of the mistreatment and violence in military and secular conflicts; and the projects and processes of international governance. The middle two parts focus on the very wide-ranging problems of social violence as these target women and people of diversity. Then, on the penetration of law into the most intimate aspects of family life: adoption, divorce, child custody, and complex parental arrangements. In the last part, the contributions use this double vision (legal and psychoanalytic) perspective to explore basic processes in social and legal life. Psychoanalysis, Law, and Society will be of great interest to psychoanalysts, psychoanalytic psychotherapists, as well as legal scholars.

Psychoanalysis, Law, and Society

Psychoanalysis, Law, and Society
Author: Plinio Montagna
Publisher: Routledge
Total Pages: 417
Release: 2019-05-13
Genre: Psychology
ISBN: 0429514484

Psychoanalysis, Law, and Society explores the connections between psychoanalysis and law, arguing that these are required not only for conceptual or theoretical needs in both fields, but also for the vast range of practical implications and possibilities their association enables. The book is divided into four parts, each addressing a unique example of the interaction of legal and psychoanalytic work. It begins with matters that are as global as they are local: the challenge of caring for and aiding migrants, refugees, families, and individuals; the question of planetary survival; of the mistreatment and violence in military and secular conflicts; and the projects and processes of international governance. The middle two parts focus on the very wide-ranging problems of social violence as these target women and people of diversity. Then, on the penetration of law into the most intimate aspects of family life: adoption, divorce, child custody, and complex parental arrangements. In the last part, the contributions use this double vision (legal and psychoanalytic) perspective to explore basic processes in social and legal life. Psychoanalysis, Law, and Society will be of great interest to psychoanalysts, psychoanalytic psychotherapists, as well as legal scholars.

Law and the Unconscious

Law and the Unconscious
Author: Anne C. Dailey
Publisher: Yale University Press
Total Pages: 304
Release: 2017-01-01
Genre: Law
ISBN: 0300188838

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.

Informed Consent to Psychoanalysis

Informed Consent to Psychoanalysis
Author: Elyn R. Saks
Publisher: Fordham Univ Press
Total Pages: 87
Release: 2013-02-19
Genre: Psychology
ISBN: 0823249786

The goal of this book is to shed psychoanalytic light on a concept—informed consent—that has transformed the delivery of health care in the United States. Examining the concept of informed consent in the context of psychoanalysis, the book first summarizes the law and literature on this topic. Is informed consent required as a matter of positive law? Apart from statutes and cases, what do the professional organizations say about this? Second, the book looks at informed consent as a theoretical matter. It addresses such questions as: What would be the elements of a robust informed consent in psychoanalysis? Is informed consent even possible here? Can patients really understand, say, transference or regression before they experience them, and is it too late once they have? Is informed consent therapeutic or countertherapeutic? Can a “process view” of informed consent make sense here? Third, the book reviews data on the topic. A lengthy questionnaire answered by sixty-two analysts reveals their practices in this regard. Do they obtain a statement of informed consent from their patients? What do they disclose? Why do they disclose it? Do they think it is possible to obtain informed consent in psychoanalysis at all? Do they think the practice is therapeutic or countertherapeutic, and in what ways? Do they think there should or should not be an informed consent requirement for psychoanalysis? The book should appeal above all to therapists interested in the ethical dimensions of their practice.

Law and the Postmodern Mind

Law and the Postmodern Mind
Author: Peter Goodrich
Publisher: University of Michigan Press
Total Pages: 372
Release: 2009-12-22
Genre: Law
ISBN: 0472023101

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.

Feminine Law

Feminine Law
Author: Jill Gentile
Publisher: Routledge
Total Pages: 417
Release: 2018-05-08
Genre: Psychology
ISBN: 0429913680

Feminine Law: Freud, Free Speech, and the Voice of Desire explores the conjunction between psychoanalysis and democracy, in particular their shared commitments to free speech. In the process, it demonstrates how lawful constraints enable an embodied space or "gap" for the potentially disruptive but also liberating and novel flow of desire and its symbols. This space, intuited by the First Amendment as it is by Freud's free association, enables personal and collective sovereignty. By naming a "feminine law," we mark the primacy a space between the conceivable and the inconceivable, between knowledge and mystery. What do political free speech and psychoanalytic free association have in common, besides the word "free"? And what do Sigmund Freud and Justice Louis Brandeis share besides a world between two great wars? How is the female body a neglected key to understanding the conditions and contradictions of free discourse? Drs. Jill Gentile and Michael Macrone take up these questions, and more, in their wide-ranging, often passionate exploration of the hidden legacy of Freud and the Founding Fathers.

Lacan and the Subject of Law

Lacan and the Subject of Law
Author: David Stanley Caudill
Publisher: Humanities Press International
Total Pages: 230
Release: 1997
Genre: Critical legal studies
ISBN:

Application of Lacan's theory to some concrete legal problems follows in the second part of the book with a series of studies including child abuse hysteria, land use debates, the critique of legal ideology; and religion in law and politics.

Law and Philosophical Theory

Law and Philosophical Theory
Author: Thanos Zartaloudis
Publisher: Rowman & Littlefield
Total Pages: 288
Release: 2018-10-16
Genre: Philosophy
ISBN: 1786602660

This important collection explores contemporary legal thought in relation to its interdisciplinary critical engagement with philosophy.