Law And The Unconscious

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 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.

'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.

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.

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.

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.