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Implications for therapeutic judging (TJ) of a psychoanalytical approach to the judicial role — Reflections on Robert Burt's contribution

Sourdin, Tania and Cornes, Richard (2016) 'Implications for therapeutic judging (TJ) of a psychoanalytical approach to the judicial role — Reflections on Robert Burt's contribution.' International Journal of Law and Psychiatry, 48. 8 - 14. ISSN 0160-2527

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Abstract

Robert Burt in, “The Yale School of Law and Psychoanalysis, from 1963 Onward”, in this issue, explains and laments a decline in influence of psychoanalytic ideas in legal thinking. He notes “the fundamental similarity that both litigation and psychotherapy involve recollections of past events”, buttressing his argument with eight parallels between the two. In this article we take up Burt's theme, first noting the relationship between therapeutic jurisprudence and psychoanalytic concepts before presenting an outline for a psychoanalytical understanding of the judicial role. We then consider the litigation process from the linked perspectives of therapeutic jurisprudence and psychoanalysis before closing with a reflection on the eight parallels elaborated by Burt.

Item Type: Article
Uncontrolled Keywords: Burt, Therapeutic jurisprudence, Psychoanalysis, Judging, Litigation
Subjects: K Law > K Law (General)
R Medicine > RC Internal medicine > RC0500 Psychoanalysis
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 06 Jul 2016 10:30
Last Modified: 17 Sep 2018 16:15
URI: http://repository.essex.ac.uk/id/eprint/17192

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