title: 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.
authors.affiliation: Dean and Head of Newcastle University Law School, Professor of Law, Australia. Electronic address: tania.sourdin@newcastle.edu.au.
authors.forename: Tania
authors.initials: T
authors.lastname: Sourdin
authors.affiliation: Essex Law School, Essex University, Wivenhoe Park, United Kingdom. Electronic address: rmcornes@essex.ac.uk.
authors.forename: Richard
authors.initials: R
authors.lastname: Cornes
mesh_terms: D049673:History, 20th Century; D049674:History, 21st Century; D033222:Judicial Role / Q000266:history*; D007603:Jurisprudence / Q000266:history*; D011572:Psychoanalysis / Q000266:history*; D011574:Psychoanalytic Theory; D014481:United States
keywords: Burt; Judging; Litigation; Psychoanalysis; Therapeutic jurisprudence