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PSYCHOANALYSIS AND JURISPRUDENCE - REVISITED

NCJ Number
6989
Journal
American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 357-384
Author(s)
A A STONE
Date Published
Unknown
Length
28 pages
Annotation
WAYS IN WHICH PSYCHOANALYSIS MIGHT BE USED TO ASSIST THE LEGAL SYSTEM WITH PARTICULAR REGARD TO THE RELATIONSHIP BETWEEN PSYCHOANALYSIS, MORALITY, AND THE LAW.
Abstract
PSYCHOANALYSIS CAN CRITICALLY INFORM THE LAW ABOUT THE VALIDITY AND FEASIBILITY OF CERTAIN LEGAL JUDGMENTS BASED UPON ITS UNDERSTANDING OF HUMAN NATURE. UNFORTUNATELY, PSYCHOANALYSIS, RATHER THAN SIMPLIFYING LEGAL DELIBERATIONS, HAS OFTENTIMES MERELY CONFOUNDED AND COMPLICATED THEM. IN MANY AREAS, LAW AND PSYCHOANALYSIS ARE CONCERNED WITH THE SAME HUMAN FACTORS. THE FALLACY IN THE TRADITIONAL, DISJUNCTIVE APPROACH HAS BEEN THE UNDERLYING ASSUMPTION THAT EITHER ONE OR THE OTHER OF THESE SCIENCES HAS RESOLVED THE RELEVANT QUESTIONS AND ACHIEVED THE ULTIMATE UNDERSTANDING. THE TASK BEFORE US IS NOT ONE OF ISOLATED GROWTH, BUT RATHER ONE OF SHARING KNOWLEDGE INDEPENDENTLY ACQUIRED. AUTHOR ABSTRACT

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