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

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.

Keywords: Burt; Judging; Litigation; Psychoanalysis; Therapeutic jurisprudence.