IDEAS home Printed from https://ideas.repec.org/a/pmu/cjurid/v69y2017p54-60.html
   My bibliography  Save this article

Main Strands In Legal Psychoanalysis. The Legal Text Under Psychoanalytic Hermeneutics

Author

Listed:
  • Mihai GIURGEA

    (PhD, Lawyer - Cluj Bar, S.C.P.A. GIURGEA, GHIDRA & ASOCIATII, ROMANIA.)

Abstract

We have tried in this article to identify the unconscious mechanisms behind the legal discourse, whether it is the decision-making process by the judge, the substantiation of a court decision or a doctrinal opinion in the legal sciences. We have also tried to identify the unconscious processes that trigger the criminogenic behaviour and those that condition the positioning of the individual in relation to the law. Moreover, we have tried to show that the legal text is no stranger to the unconscious mechanisms of the person who creates it, his / her own traumas, suppressed desires or drives. Thus, we can firmly sustain that a court ruling or a legal opinion can never be clearly separated from the very unconscious of the person who "sets the law", and that the judge, who theoretically "sets the law", becomes the one who "makes the law".

Suggested Citation

  • Mihai GIURGEA, 2017. "Main Strands In Legal Psychoanalysis. The Legal Text Under Psychoanalytic Hermeneutics," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 69, pages 54-60, June.
  • Handle: RePEc:pmu:cjurid:v:69:y:2017:p:54-60
    as

    Download full text from publisher

    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj17/recjurid172_5F.pdf
    Download Restriction: no

    More about this item

    Keywords

    court judgment; legal text; unconscious; legal psychoanalysis; law; symptom;

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:69:y:2017:p:54-60. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: http://edirc.repec.org/data/feuttro.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.