The Type Theory of Law: An Essay in Psychoanalytic Jurisprudence (SpringerBriefs in Law)

This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jungℓ́ℓs psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did Preface and Acknowledgments 6 Contents 8 Introduction 10 References 13 Chapter 1: Integral Theories of Law 14 1.1 In General 14 1.2 Exclusive and Inclusive Legal Theories 17 1.3 A Three-Dimensional Theory of Law 20 1.4 Psychoanalytic Jurisprudence 21 1.4.1 Law and Psychology 21 1.4.2 Psychoanalysis, Law, and Jung 23 References 26 Chapter 2: Understanding Law and Legal Practice Through Jungian Type Theory 27 2.1 General Features of the Psychological Type Theory 27 2.1.1 Original Jung 27 2.1.2 Empirical Post-Jungians 31 2.1.3 Psychological Typing Between ``Heresy ́ ́ and ``Salvation ́ ́ 33 2.2 Law, Legal Practice, and Jung ́s Cognitive Functions 36 2.2.1 The Central Position of Thinking Concerning Law 36 2.2.2 The Sensation-Intuition Dichotomy 42 2.2.3 Extraversion and Introversion in Law 46 2.3 A Comparative-Law Perspective 52 References 57 Chapter 3: Historical Types of Law 60 3.1 Weber ́s Types of Law 61 3.2 The Weberian and Jungian Types Compared 63 3.3 General and Specific Types of Law 64 3.3.1 The Religious Types of Law 65 3.3.1.1 Mystic Law 65 3.3.1.2 Theological Law 68 3.3.2 The Traditional Types of Law 69 3.3.2.1 Imperial Law 69 3.3.2.2 Customary Law 71 3.3.3 The Logical Types of Law 72 3.3.3.1 Casuistic Law 73 3.3.3.2 Systematic Law 74 3.3.4 The Harmonious Types of Law 75 3.4 Individual, Cultural Type Preferences, and a Type Theory of Law 79 References 80 Chapter 4: Psychological-Typological Reading of Integral Theories of Law 82 4.1 How Can Inclusive Legal Theory be Understood Typologically? 82 4.1.1 Legal Principles and Legal Rules 86 4.1.2 The Dual-Perception Thesis 91 4.2 A Psychological-Typological Understanding of the Three-Dimensional Theory of Law 93 4.2.1 Law Creation and Law Application 98 4.2.2 Judicial Decision-Making 102 4.2.3 More on the Role of Intuition in Judicial Decision-Making 104 References 108 Chapter 5: The Type Theory of Law 109 5.1 Introducing the Fourth Dimension 109 5.2 A General and Descriptive Theory 111 5.3 The Type Theory of Law in Context 115 References 123 This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jungĺls psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did Front Matter....Pages i-xii Integral Theories of Law....Pages 1-13 Understanding Law and Legal Practice Through Jungian Type Theory....Pages 15-47 Historical Types of Law....Pages 49-70 Psychological-Typological Reading of Integral Theories of Law....Pages 71-97 The Type Theory of Law....Pages 99-113