Essay Psychodynamics of the Judicial Process
نویسنده
چکیده
In this essay, Sahand Shaibani employs a Freudian psychoanalytic approach to discuss the influence of irrational and emotive forces in the American judicial process. He argues that the adversarial legal process serves the important psychological function of sublimating aggression, and that trial courts present a forum for the recreation of the Oedipal triangle, wherein the judge is unconsciously perceived as a symbolic father-figure onto whom emotional reactions are projected. Mr. Shaibani further argues that judges manipulate the language of precedent to rationalize their inherently irrational decision-making which is often based upon an emotional reaction to a given set of facts. Mr. Shaibani concludes that the psychoanalysis of the American judicial system is likely to stir a sense of chaos in society, but that the pursuit is, nonetheless, worthwhile.
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