The Law and the Unconscious – publicat in Law Review, vol. VII, issue 1, January-June 2017
THE LAW AND THE UNCONSCIOUS
Mihai GIURGEA, Phd.
Lawyer – Cluj Bar, S.C.P.A. Giurgea, Ghidra & Asociatii
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 behavior 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”.
court judgement, legal text, unconscious, legal psychoanalysis, law, symptom