Law and the Unconscious: A Psychoanalytic Perspective
| Author | : | |
| Rating | : | 4.83 (975 Votes) |
| Asin | : | 0300188838 |
| Format Type | : | paperback |
| Number of Pages | : | 296 Pages |
| Publish Date | : | 2015-09-23 |
| Language | : | English |
DESCRIPTION:
She goes far beyond the standard quarrels that divide the two fields and makes a reasoned and forceful case for psychoanalysis as coming to the aid of the law—not opposing it—in a richer account of human autonomy and responsibility."—Peter Brooks, Princeton University, author of Troubling Confessions: Speaking Guilt in Law and Literature . "Anne Dailey takes up the controversial relation of law and psychoanalysis in a book of great cogency and importance
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.. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. 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. 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