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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.
Book Synopsis Law and the Unconscious by : Anne C. Dailey
Download or read book Law and the Unconscious written by Anne C. Dailey and published by Yale University Press. This book was released on 2017-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Law and the Unconscious by : Anne C. Dailey
Download or read book Law and the Unconscious written by Anne C. Dailey and published by Yale University Press. This book was released on 2017-11-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
'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.
Book Synopsis Law, Psychoanalysis, Society by : Maria Aristodemou
Download or read book Law, Psychoanalysis, Society written by Maria Aristodemou and published by Routledge. This book was released on 2014-06-27 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Book Synopsis The Unconscious Before Freud by : Lancelot Law Whyte
Download or read book The Unconscious Before Freud written by Lancelot Law Whyte and published by . This book was released on 1979 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Law and the Unconscious by : Pierre Legendre
Download or read book Law and the Unconscious written by Pierre Legendre and published by Springer. This book was released on 1997-11-15 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Although cognitive psychology and neuroscience have usurped the influential position once held by psychoanalysis, this volume seeks to reclaim the value of the unconscious as a methodological tool for the study of ancient texts by transforming our understanding of what it means, how it operates, and how it relates to textual hermeneutics.
Book Synopsis The Ancient Unconscious by : Vered Lev Kenaan
Download or read book The Ancient Unconscious written by Vered Lev Kenaan and published by Classics in Theory. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although cognitive psychology and neuroscience have usurped the influential position once held by psychoanalysis, this volume seeks to reclaim the value of the unconscious as a methodological tool for the study of ancient texts by transforming our understanding of what it means, how it operates, and how it relates to textual hermeneutics.
This book offers an account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, and the trials of O. J. Simpson and Adolf Eichmann, Felman argues that the adjudication of collective traumas in the 20th century transformed both culture and law.
Book Synopsis The Juridical Unconscious by : Shoshana Felman
Download or read book The Juridical Unconscious written by Shoshana Felman and published by Harvard University Press. This book was released on 2002 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, and the trials of O. J. Simpson and Adolf Eichmann, Felman argues that the adjudication of collective traumas in the 20th century transformed both culture and law.
The Optical Unconscious is a pointed protest against the official story of modernism and against the critical tradition that attempted to define modern art according to certain sacred commandments and self-fulfilling truths. The account of modernism presented here challenges the vaunted principle of "vision itself." And it is a very different story than we have ever read, not only because its insurgent plot and characters rise from below the calm surface of the known and law-like field of modernist painting, but because the voice is unlike anything we have heard before. Just as the artists of the optical unconscious assaulted the idea of autonomy and visual mastery, Rosalind Krauss abandons the historian's voice of objective detachment and forges a new style of writing in this book: art history that insinuates diary and art theory, and that has the gait and tone of fiction. The Optical Unconscious will be deeply vexing to modernism's standard-bearers, and to readers who have accepted the foundational principles on which their aesthetic is based. Krauss also gives us the story that Alfred Barr, Meyer Shapiro, and Clement Greenberg repressed, the story of a small, disparate group of artists who defied modernism's most cherished self-descriptions, giving rise to an unruly, disruptive force that persistently haunted the field of modernism from the 1920s to the 1950s and continues to disrupt it today. In order to understand why modernism had to repress the optical unconscious, Krauss eavesdrops on Roger Fry in the salons of Bloomsbury, and spies on the toddler John Ruskin as he amuses himself with the patterns of a rug; we find her in the living room of Clement Greenberg as he complains about "smart Jewish girls with their typewriters" in the 1960s, and in colloquy with Michael Fried about Frank Stella's love of baseball. Along the way, there are also narrative encounters with Freud, Jacques Lacan, Georges Bataille, Roger Caillois, Gilles Deleuze, and Jean-François Lyotard. To embody this optical unconscious, Krauss turns to the pages of Max Ernst's collage novels, to Marcel Duchamp's hypnotic Rotoreliefs, to Eva Hesse's luminous sculptures, and to Cy Twombly's, Andy Warhol's, and Robert Morris's scandalous decoding of Jackson Pollock's drip pictures as "Anti-Form." These artists introduced a new set of values into the field of twentieth-century art, offering ready-made images of obsessional fantasy in place of modernism's intentionality and unexamined compulsions.
Book Synopsis The Optical Unconscious by : Rosalind E. Krauss
Download or read book The Optical Unconscious written by Rosalind E. Krauss and published by MIT Press. This book was released on 1994-07-25 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Optical Unconscious is a pointed protest against the official story of modernism and against the critical tradition that attempted to define modern art according to certain sacred commandments and self-fulfilling truths. The account of modernism presented here challenges the vaunted principle of "vision itself." And it is a very different story than we have ever read, not only because its insurgent plot and characters rise from below the calm surface of the known and law-like field of modernist painting, but because the voice is unlike anything we have heard before. Just as the artists of the optical unconscious assaulted the idea of autonomy and visual mastery, Rosalind Krauss abandons the historian's voice of objective detachment and forges a new style of writing in this book: art history that insinuates diary and art theory, and that has the gait and tone of fiction. The Optical Unconscious will be deeply vexing to modernism's standard-bearers, and to readers who have accepted the foundational principles on which their aesthetic is based. Krauss also gives us the story that Alfred Barr, Meyer Shapiro, and Clement Greenberg repressed, the story of a small, disparate group of artists who defied modernism's most cherished self-descriptions, giving rise to an unruly, disruptive force that persistently haunted the field of modernism from the 1920s to the 1950s and continues to disrupt it today. In order to understand why modernism had to repress the optical unconscious, Krauss eavesdrops on Roger Fry in the salons of Bloomsbury, and spies on the toddler John Ruskin as he amuses himself with the patterns of a rug; we find her in the living room of Clement Greenberg as he complains about "smart Jewish girls with their typewriters" in the 1960s, and in colloquy with Michael Fried about Frank Stella's love of baseball. Along the way, there are also narrative encounters with Freud, Jacques Lacan, Georges Bataille, Roger Caillois, Gilles Deleuze, and Jean-François Lyotard. To embody this optical unconscious, Krauss turns to the pages of Max Ernst's collage novels, to Marcel Duchamp's hypnotic Rotoreliefs, to Eva Hesse's luminous sculptures, and to Cy Twombly's, Andy Warhol's, and Robert Morris's scandalous decoding of Jackson Pollock's drip pictures as "Anti-Form." These artists introduced a new set of values into the field of twentieth-century art, offering ready-made images of obsessional fantasy in place of modernism's intentionality and unexamined compulsions.
The story of mesmerism in nineteenth-century America is the story of how, for the first time, a psychological theory arose to meet the everyday religious and intellectual needs of Americans. Robert Fuller gives us the first complete history of American mesmerist philosophy. He traces its development from an obscure scientific hypothesis to a powerful spiritual philosophy that deeply influenced many of the period's emerging Protestant religious sects. He investigates in depth the role of mesmerism in the Mind-Cure movement and New Thought and paints for us the cultural landscape existing at a time when thousands of antebellum Americans turned from their churches to the realm of psychology in search of self-understanding. In the early part of the century, mesmerism was for the most part the territory of carnival showmen. Itinerant mesmerists during the 1830s placed subjects in trancelike states from which they could divulge the contents of sealed envelopes and describe in detail locales to which they had never traveled. Literary figures such as Poe and Hawthorne seized upon mesmerism, depicting its workings at their most sinister and diabolical extreme. But by midcentury, mesmerism was beginning to enter the American consciousness in ways that involved anything but parlor trickery. Straddling a fine line between religious myth and scientific philosophy, mesmerism's spiritual tenets resonated almost perfectly with important currents in contemporary religious life. Universalists, Swedenborgians, and early spiritualists adopted the doctrine of mesmerism as evidence of man's unity with the Almighty. The self-made mind-cure practitioner Phineas Quimby used mesmeric theory to develop his "power of positive thinking," a concept that led eventually to the emergence of the Christian Science movement. But, Fuller shows, mind-cure cultists such as Quimby also helped transform mesmerism into a kind of self-help spirituality. Later writers condensed the principles of mesmeric healing into handy maxims that could be assimilated by a popular reading audience. Thus Mesmerism and the American Cure of Souls presents a paradigmatic instance of the role played by psychology in the American sensibility. In addition, Fuller's study constitutes a rich and hitherto unexplored chapter in American intellectual history.
Book Synopsis Mesmerism and the American Cure of Souls by : Robert C. Fuller
Download or read book Mesmerism and the American Cure of Souls written by Robert C. Fuller and published by University of Pennsylvania Press. This book was released on 2016-12-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of mesmerism in nineteenth-century America is the story of how, for the first time, a psychological theory arose to meet the everyday religious and intellectual needs of Americans. Robert Fuller gives us the first complete history of American mesmerist philosophy. He traces its development from an obscure scientific hypothesis to a powerful spiritual philosophy that deeply influenced many of the period's emerging Protestant religious sects. He investigates in depth the role of mesmerism in the Mind-Cure movement and New Thought and paints for us the cultural landscape existing at a time when thousands of antebellum Americans turned from their churches to the realm of psychology in search of self-understanding. In the early part of the century, mesmerism was for the most part the territory of carnival showmen. Itinerant mesmerists during the 1830s placed subjects in trancelike states from which they could divulge the contents of sealed envelopes and describe in detail locales to which they had never traveled. Literary figures such as Poe and Hawthorne seized upon mesmerism, depicting its workings at their most sinister and diabolical extreme. But by midcentury, mesmerism was beginning to enter the American consciousness in ways that involved anything but parlor trickery. Straddling a fine line between religious myth and scientific philosophy, mesmerism's spiritual tenets resonated almost perfectly with important currents in contemporary religious life. Universalists, Swedenborgians, and early spiritualists adopted the doctrine of mesmerism as evidence of man's unity with the Almighty. The self-made mind-cure practitioner Phineas Quimby used mesmeric theory to develop his "power of positive thinking," a concept that led eventually to the emergence of the Christian Science movement. But, Fuller shows, mind-cure cultists such as Quimby also helped transform mesmerism into a kind of self-help spirituality. Later writers condensed the principles of mesmeric healing into handy maxims that could be assimilated by a popular reading audience. Thus Mesmerism and the American Cure of Souls presents a paradigmatic instance of the role played by psychology in the American sensibility. In addition, Fuller's study constitutes a rich and hitherto unexplored chapter in American intellectual history.
A sleepwalking, homicidal nursemaid; a "morally vacant" juvenile poisoner; a man driven to arson by a "lesion of the will"; an articulate and poised man on trial for assault who, while conducting his own defense, undergoes a profound personality change and becomes a wild and delusional "alter." These people are not characters from a mystery novelist's vivid imagination, but rather defendants who were tried at the Old Bailey, London's central criminal court, in the mid-nineteenth century. In Unconscious Crime, Joel Peter Eigen explores these and other cases in which defendants did not conform to any of the Victorian legal system's existing definitions of insanity yet displayed convincing evidence of mental aberration. Instead, they were—or claimed to be—"missing," "absent," or "unconscious": lucid, though unaware of their actions. Based on extensive research in the Old Bailey Sessions Papers (verbatim courtroom narratives taken down in shorthand during the trial and sold on the street the following day), Eigen's book reveals a growing estrangement between law and medicine over the legal concept of the Person as a rational and purposeful actor with a clear understanding of consequences. The McNaughtan Rules of l843 had formalized the Victorian insanity plea, guiding the courts in cases of alleged delusion and derangement. But as Eigen makes clear in the cases he discovered, even though defense attorneys attempted to broaden the definition of insanity to include mental absence, the courts and physicians who testified as experts were wary of these novel challenges to the idea of human agency and responsibility. Combining the colorful intrigue of courtroom drama and the keen insights of social history, Unconscious Crime depicts Victorian England's legal and medical cultures confronting a new understanding of human behavior, and provocatively suggests these trials represent the earliest incarnation of double consciousness and multiple personality disorder.
Book Synopsis Unconscious Crime by : Joel Peter Eigen
Download or read book Unconscious Crime written by Joel Peter Eigen and published by JHU Press. This book was released on 2004-12-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sleepwalking, homicidal nursemaid; a "morally vacant" juvenile poisoner; a man driven to arson by a "lesion of the will"; an articulate and poised man on trial for assault who, while conducting his own defense, undergoes a profound personality change and becomes a wild and delusional "alter." These people are not characters from a mystery novelist's vivid imagination, but rather defendants who were tried at the Old Bailey, London's central criminal court, in the mid-nineteenth century. In Unconscious Crime, Joel Peter Eigen explores these and other cases in which defendants did not conform to any of the Victorian legal system's existing definitions of insanity yet displayed convincing evidence of mental aberration. Instead, they were—or claimed to be—"missing," "absent," or "unconscious": lucid, though unaware of their actions. Based on extensive research in the Old Bailey Sessions Papers (verbatim courtroom narratives taken down in shorthand during the trial and sold on the street the following day), Eigen's book reveals a growing estrangement between law and medicine over the legal concept of the Person as a rational and purposeful actor with a clear understanding of consequences. The McNaughtan Rules of l843 had formalized the Victorian insanity plea, guiding the courts in cases of alleged delusion and derangement. But as Eigen makes clear in the cases he discovered, even though defense attorneys attempted to broaden the definition of insanity to include mental absence, the courts and physicians who testified as experts were wary of these novel challenges to the idea of human agency and responsibility. Combining the colorful intrigue of courtroom drama and the keen insights of social history, Unconscious Crime depicts Victorian England's legal and medical cultures confronting a new understanding of human behavior, and provocatively suggests these trials represent the earliest incarnation of double consciousness and multiple personality disorder.
