The law and the unconscious

Abstract

"In this article, we have attempted to identify the unconscious mechanisms underlying legal discourse. This applies to various aspects of the legal field, whether it is the decision-making process by a judge, the justification of a court decision, or a doctrinal opinion in legal sciences. We have also sought to uncover the unconscious processes that trigger criminogenic behavior and those that influence an individual's stance toward the law.

Furthermore, we have aimed to demonstrate that the legal text is not immune to the unconscious mechanisms of the person who creates it. These mechanisms may include their own traumas, suppressed desires, or drives. Therefore, it can be firmly argued that a court ruling or a legal opinion can never be completely divorced from the unconscious of the individual who shapes it. In this way, the judge, who is theoretically tasked with "setting the law," also becomes the one who effectively "makes the law.""