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The Juridical Unconscious

The Juridical Unconscious
Author: Shoshana Felman
Publisher: Harvard University Press
Total Pages: 278
Release: 2002
Genre: Law
ISBN: 9780674009318

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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 Juridical Unconscious

The Juridical Unconscious
Author: Shoshana Felman
Publisher:
Total Pages: 253
Release: 2002
Genre: Law
ISBN: 9780674971295

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The Juridical Unconscious

The Juridical Unconscious
Author: Shoshana Felman
Publisher: Harvard University Press
Total Pages: 229
Release: 2002-11-30
Genre: Law
ISBN: 0674971302

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Death, wrote Walter Benjamin, lends storytellers all their authority. How do trials, in turn, borrow their authority from death? This book offers a groundbreaking 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, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless." Examining legal events that tried to repair the crimes and injuries of history, Felman reveals the "juridical unconscious" of trials and brilliantly shows how this juridical unconscious is bound up with the logic of the trauma that a trial attempts to articulate and contain but so often reenacts and repeats. Her book gives the drama of the law a new jurisprudential dimension and reveals the relation between law and literature in a new light.


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

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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.


Law, Psychoanalysis, Society

Law, Psychoanalysis, Society
Author: Maria Aristodemou
Publisher: Routledge
Total Pages: 233
Release: 2014-06-27
Genre: Law
ISBN: 1134640455

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'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.


Crime, Desire and Law's Unconscious

Crime, Desire and Law's Unconscious
Author: David Gurnham
Publisher: Routledge
Total Pages: 161
Release: 2014-06-27
Genre: Law
ISBN: 1136000801

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Sexual desire, and the possible dangers associated with its more extreme manifestations, provokes strong, albeit often contradictory reactions. Such reactions are a well-known stimulant of creative, juridical and scholarly activity, and the texts of law, literature and academic criticism respond to it in ways that suggest both of revulsion and fascination. But how are we to understand such responses, and what can they tell us about the relationship between law and its‘others’? Exploring these questions in the context of HIV transmission, on-street sexual exploitation and erotic asphyxiation, this book draws on psychoanalytic theory in order to understand the motivations behind legal, literary and cultural constructions of sexual offences, their perpetrators and victims. Its analysis of these constructions in a diverse range of sources - including appeal judgments in England & Wales and North America, criminal trials and their reporting, visual and linguistic cultures and both modern and ‘classical’ literature – will be of great interest to legal theorists and socio-legal scholars, as well as those with relevant concerns in the fields of literature and cultural studies.


Law and the Unconscious

Law and the Unconscious
Author: Pierre Legendre
Publisher: Springer
Total Pages: 290
Release: 1997-11-15
Genre: Social Science
ISBN: 1349259748

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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.


Crime, Desire and Law's Unconscious

Crime, Desire and Law's Unconscious
Author: David Gurnham
Publisher: Routledge
Total Pages: 162
Release: 2014-06-27
Genre: Law
ISBN: 1136000887

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Sexual desire, and the possible dangers associated with its more extreme manifestations, provokes strong, albeit often contradictory reactions. Such reactions are a well-known stimulant of creative, juridical and scholarly activity, and the texts of law, literature and academic criticism respond to it in ways that suggest both of revulsion and fascination. But how are we to understand such responses, and what can they tell us about the relationship between law and its‘others’? Exploring these questions in the context of HIV transmission, on-street sexual exploitation and erotic asphyxiation, this book draws on psychoanalytic theory in order to understand the motivations behind legal, literary and cultural constructions of sexual offences, their perpetrators and victims. Its analysis of these constructions in a diverse range of sources - including appeal judgments in England & Wales and North America, criminal trials and their reporting, visual and linguistic cultures and both modern and ‘classical’ literature – will be of great interest to legal theorists and socio-legal scholars, as well as those with relevant concerns in the fields of literature and cultural studies.


Writing and Madness

Writing and Madness
Author: Shoshana Felman
Publisher: Stanford University Press
Total Pages: 308
Release: 2003
Genre: Literary Criticism
ISBN: 9780804744492

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This is the author's most influential work of literary theory and criticism in which she explores the relations between literature, philosophy, and psychoanalysis.


What Does a Woman Want?

What Does a Woman Want?
Author: Shoshana Felman
Publisher: JHU Press
Total Pages: 188
Release: 1993-10
Genre: Literary Criticism
ISBN: 9780801846205

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Examines the question ("what does a woman want?") through close readings of autobiographical texts by Virginia Woolf, Simone de Beauvoir, Adrienne Rich, Sigmund Freud, and Honore' de Balzac.