Law, Psychoanalysis, Society: Taking the Unconscious Seriously

by Maria Aristodemou

'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 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.

Genres: Law

190 pages, Hardcover

First published January 1, 2014

Reviews

[Penelope · Rating 1 out of 5]

I found the ambition of the book (to put the law “on the analyst’s couch”) intriguing, but ultimately unfulfilled. While the author introduces compelling themes, such as uncovering the unconscious forces shaping legal systems and societal ideologies, the execution is overly abstract and dense. The book's psychoanalytic approach often feels detached from concrete legal applications, making its insights feel inaccessible and, at times, overly theoretical. Not recommended, unless familiar with psychoanalytic theory.

[Gayatri Virmani · Rating 5 out of 5]

I believe it is a wonderful book for anyone who is interested in psychoanalysis as well as law. All the complicated ideas have been presented simply yet thoroughly. I believe this book requires slow and careful reading as concepts are presented indepth. One needs to breathe with it.

Although it is really hard to choose what stood for me. However, a few lessons from this book that touched my heart are that, when we say 'I love you' are we asking to be loved? or is it that we truly love the other person? And if the latter is true, what does it mean to love the other?

Also, the book says a lot about identity; some identities can never be pure. I think the example of anarchist was well put.

The chapter on desire was very insightful; especially how prohibitions or law are important for construction of desires.


Wonderful read!