The Formation of Legal Psychoanalysis and Constructive Deconstruction of Legal Authority In the history of jurisprudence, the interdisciplinary study of psychoanalysis and law has received much less attention than it deserves. One of the many re...

http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
다국어 초록 (Multilingual Abstract)
The Formation of Legal Psychoanalysis and Constructive Deconstruction of Legal Authority In the history of jurisprudence, the interdisciplinary study of psychoanalysis and law has received much less attention than it deserves. One of the many re...
The Formation of Legal Psychoanalysis and
Constructive Deconstruction of Legal Authority
In the history of jurisprudence, the interdisciplinary study of psychoanalysis and law has received much less attention than it deserves. One of the many reasons for this phenomenon would be that the findings of psychoanalysis which treats the unconscious as its main topic sharply conflict with the jurisprudence's faith in the rationality of human beings and the legal system. However, as it is certain that psychoanalysis would help jurisprudence to become disillusioned from the myth of rationality which has captured legal thoughts for so long and which has finally encountered its negative dialectical point, the interdisciplinary study of psychoanalysis and law is required more than ever, in our postmodern era.
This dissertation tries to establish milestones in the field of psychoanalysis, communicating with Freudian, Lacanian and Jungian psychoanalysis. As it is proper to understand legal psychoanalysis as meta-jurisprudence, the topics that legal psychoanalysis can deal with is uncountable. However, this dissertation limits its focus on three topics. First, it applies psychoanalytic insights to jurisprudence in order to reform law's understanding of human nature which has until now been distorted due to consciousness-centered intellectual tradition.
Second, the dissertation focuses on deconstructing legal authority. The main thesis of this area is that law has operated as fantastic authority together with god and father, and that the fantastic nature of legal authority should be disillusioned. Through the interdisciplinary study of law and psychoanalysis, law's fantastic authority can be desconstructed into transferential authority. In contrast to fantastic authority which hinders human being's having an appropriate relationship with death, transferential authority encourages humans to build harmonious relations with death and to live with truly valuable eros.
The last part of this dissertation deals with the deconstruction of law and the reconstruction of law through the deconstruction. Here, human instinctual desire to go beyond the legal limits and the formation of aesthetic justice through this transgression is studied through Lacanian psychoanalysis. Additionally, the right to become oneself, which is a human rights anchored in psychoanalytic perspective is discussed as a means to overcome the violence of law which curtails each human being's own unique desires. In this context, law is reinterpreted as a means of continuing exchange of various codes of desires to reach psychoanalytic balance between the conscious and the unconscious.
목차 (Table of Contents)