Lawrence M Friedman
Datos Biográficos
| ID | 280983 |
|---|---|
| NOMBRE | Lawrence M Friedman |
| NOMBRES | Lawrence M |
| APELLIDO | Friedman |
| FIRMA | FRIEDMAN L M |
| AFILIACIONES | Stanford University |
| VERIFICADO | No |
| TOTAL DE OBRAS | 140 |
| TOTAL DE CITAS | 488 |
| TOTAL COMO AUTOR | 138 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 1964 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2021 |
| ÍNDICE H | 12 |
We Are Not Slaves
The Same Only Different
Robert A. Kagan’s influential book, first published at the beginning of the twenty-first century, is now brought up to date with a second edition. “Adversarial legalism,” in Kagan’s view, distinguishes law in the United States from the law of other developed countries in many ways, for example, heavy use of policymaking through litigation and punitive regulation, as opposed to bureaucratic and conciliatory techniques. He suggests that this situat…
The Known Citizen
In a sense, privacy is a medium, like air; we live within its embrace, to varying degrees, from our earliest days until our last. Its existence allows us to negotiate and contextualize our political and personal connections—in our relationship with the state as citizens, and with each other in our day-to-day dealings. It is a barrier that mediates the extent to which each of us is known or unknown to those around us.Moreover, like the air itself,…
Crime Without Punishment
In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder…
Is there a Usable Heidegger for Psychoanalysts
Lei, tecnologia e o efeito borboleta
Exploring the insight of the butterfly effect from chaos theory, this article shows how technological transformation influences legal change. The argument is developed from a sociological and a historical perspective, comparing and contrasting social customs since the seventeenth century until today and showing the transformation of criminal offenses. In societies with a strict moral code, adultery, fornication, and sodomy were sexual crimes, eve…
Law
Erich Fromm's Critical Theory
프로이트의 “회상, 반복 및 훈습” 논문에서 불연속적으로 구분되는 것과 연속적인 것에 관하여 (The Discrete and the Continuous in Freud’s “Remembering, Repeating and Working Through”)
프로이트의 “회상, 반복 및 훈습” 논문에는 분석가로 하여금 마음을 하나의 활동의 연속체로 생각하게 하는 한편, 동시에 마음에서의 존재물 (실재물) 들에 관해 생각하도록 촉구하게 하는 주요한 구절 두 개가 있다. 분석가가 환자의 연속적인 행동으로부터 불연속적으로 구분되는 기억들을 찾게 하는 그 구절은 도발적인 역설 (패러독스) 이지만, 정신분석적인 관습 속으로 쉽게 편입되었다. 그러나 반대 방향에서 보면, 분석가가 행한 불연속적으로 구분되는 해석들로부터 환자가 자신의 긴장된 경험의 연속까지를 통틀어서 환자 자신의 길을 찾아가는 묘사는 대부분이 주로 진부하기 짝이 없게 되어있다. 이러한 회피가 일어나는 실제적인 이유의 하나를 제시하려고 한다
The Lives of Erich Fromm
The Discrete and the Continuous in Freud’s “Remembering, Repeating and Working Through”
There are two crucial passages in Freud’s “Remembering, Repeating and Working Through” that require the analyst to think about entities in the mind while at the same time thinking about the mind as a continuum of activity. Although that is a challenging paradox, the passage that allows the analyst to find discrete memories in the patient’s continuous behavior was easily absorbed into psychoanalytic custom. In the reverse direction, however, the d…
Ghosts, Machines, and Asian Law
This paper asks how globalization relates to legal culture. It argues that there exists, at least in the developed world, a general global culture; it follows, then, that there must be a global legal culture as well. Not everyone in modern societies is completely drawn into the global legal culture, however, as the research of the David and Jaruwan Engel in Thailand suggests. In general, however, the legal cultures of modern, developed societies …
Zur Soziologie des Gerichtsverfahrens (Sociology of the Judicial Process)
Lawrence Friedman Responds to J. Todd Dean
A Holist’s Anxiety of Influence
Law in Many Societies
This law and society reader taps a rich and diverse literature to compare and contrast the legal experience of many different cultures and nations. Drawing on a variety of methodological approaches, the selections allow students to evaluate whether there are general patterns that explain how legal systems work (or fail to work) and how these patterns relate to the structural and cultural facts of society. Every country, of course, has its own leg…
Charles Brenner
To avoid certain errors in practice, Charles Brenner offered an holistic substitute for the Freudian structural model of the mind. He used the term compromise formation ambiguously to refer to both actions and states, so as to render unnecessary what he considered artificial, judgmental attitudes embodied in images of psychic structures. He believed that a theory of conflicting structures transforms the phenomenological drama of the patient’s act…
Freud’s Technique
Freudian techniquelibido theorystructural theorytransferencetherapeutic actionresistanceneurosis
A Renaissance for Freud’s Papers on Technique
The analyst depicted in Freud's Papers on Technique (1911-1915) struggles to split the patient's stubborn desire by reframing it as memory. In contrast, after the structural theory was adopted, analysts could picture themselves as liberating rather than struggling with patients, since their design was to show that the patient's fears are unrealistic. But North American analysts have come to doubt their ability to rule on what is and isn't realist…
Is There Life After Enactment? The Idea of a Patient's Proper Work
All talking therapies profit from a patient's deliberate work in treatment, for a number of reasons, each of which deserves separate study and reflection. This is as true for psychoanalysis as for other psychotherapies. But in psychoanalysis the idea of a patient's deliberate work is paradoxical and problematic, bringing special overt and covert benefits, but also risking countertransference hazards like those associated with the notion of therap…
Guarding Life's Dark Secrets
Guarding Life's Dark Secrets tells the story of an intriguing aspect of the social and legal culture in the United States, the construction and destruction of a network of doctrines designed to protect reputation. The strict and unbending rules of decency and propriety of the nineteenth century, especially concerning sexual behavior, paradoxically provided ways to protect and shield respectable men and women who deviated from the official norms. …
Respecting the Unity of Mind
Who Needs Theory of Therapeutic Action
(2007). Who Needs Theory of Therapeutic Action? The Psychoanalytic Quarterly: Vol. 76, No. sup1, pp. 1635-1662
The Delicate Balance of Work and Illusion in Psychoanalysis
One might say that the analyst counts on the patient's unconscious work, while conscious work is, to some extent, just one more thing to be deconstructed (analyzed). Analyst and patient, however, cannot avoid thinking that they are working on a common project, partly because the image of a mutual work distracts from the painfully uncertain illusion that the analyst is really offering a lasting, familial sort of bond, and partly because the sense …
Legally Incompetent
On August 13, 2007, Brooke Astor, a much-admired (and very wealthy) woman died at her estate, Holly Hill, at the age of 105.1 For many years, in New York City, she was known as the city's unofficial first lady, spending her late husband's money for all sorts of good and great causes. In her last years, she had sunk into the twilight world of Alzheimer's disease; her only son acted as her guardian, and a raucous and bitter squabble broke out betwe…
Do The "Haves" Come Out Ahead? Winning and Losing in State Supreme Courts, 1870-1970
This paper tests the hypothesis that financially and organizationally stronger parties tend to prevail in litigation against weaker parties, either because the normative structure of the American legal system has favored "the haves," or because judges' attitudes do, or because stronger parties have strategic and representational advantages in litigation. The study is based on a sample of 5,904 cases from sixteen state supreme courts, 1870-1970. A…
Legal Culture and Social Development
Legal scholars come to the problem of development somewhat tardily. But legal systems are clearly a part of political, social, and economic development, just as are educational systems and other areas of the culture. No major social change occurs or is put into effect in a society which is not reflected in some kind of change in its laws. Legal institutions are responsive to social change; moreover, they have a definite role, rather poorly unders…
A Tale of Two Courts
American scholarship has lavished most of its attention on appellate courts, paying little attention to courts on the bottom rungs of the ladder. This is true of studies of both past and present courts. But the trial court is the court with the most direct contact with the man in the street, for both civil and criminal matters. Here he meets the law face-to-face. And, although federal courts are certainly important, state trial courts handle by f…
State Supreme Courts
Appellate court opinions, carefully indexed and preserved in law libraries, are a tremendous resource for historians and social scientists. In the theory of the common law, these opinions are the law; they stand in the center of the legal system. Their power is enhanced by the common law doctrine that links them in a chain of influence and causation–the doctrine of precedent. Their precedential value means that they are also powerful resources fo…
The Law and Society Movement
Plea Bargaining in Historical Perspective
This paper, using mostly data drawn from a study of the criminal work of the Superior Court of Alameda County, California, from 1880 on, explores the history of plea bargaining. Plea bargaining, it turns out, was used in Alameda County from at least 1880, though it was by no means as common in the late 19th century as it is today. There is also ample evidence of "implicit plea bargaining," that is, pleading guilty in expectation of a lighter sent…
The Business of State Supreme Courts, 1870-1970
The highest courts of the 50 states are by any measure important legal institutions. The state supreme courts (SSCs) handle an enormous volume of significant cases every year, cases that have made the journey up the steep ladder of appeal. Although often overshadowed in the public eye by the federal courts, SSCs decide many fundamental issues of individual rights and governmental powers. They are the courts of last resort on most issues of commer…
Law in American History
Journal Article Law in American History Get access Fleming Donald Bailyn Bernard, Editors, Law in American History. Boston, Little, Brown and Company, 1972. xi, 677 pp. $12.50. Lawrence M. Friedman Lawrence M. Friedman Professor Law School, Stanford University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 17, Issue 4, October 1973, Pages 365–369, https://doi.org/10.2307/845101 P…
A Reading of Freud’s Papers on Technique
Freud's Papers on Technique (1911-1915) is the canonical description of the psychoanalytic procedure. It is a puzzling work because it is dominated by the original paradigm of treatment as memory-retrieval, while at the same time it introduces a new picture, more consistent with Freud's emerging theory of passions, according to which treatment is the stirring up and integration of wishes. I suggest that Papers on Technique becomes less puzzling i…
Why Is Reality a Troubling Concept
Many psychoanalysts assume that modern philosophy has revealed that objective reality is an illusion, and they take that as their starting point for discussing psychic reality and the direction of treatment. However, the philosophical argument for the antiobjectivist position, far from being a final truth, can be seen as a late echo of the age-old debate over whether it is possible to match unchanging general descriptions to the changing individu…
Trends in the Psychoanalytic Theory of Treatment
Freud considered understanding, attachment, and integration to be important factors in achieving treatment benefits. Subsequent discussions have not always embraced all three factors. It has been especially difficult to conceptualize the part played by the personal attachment of the patient to the analyst. A new, narrower focus on common, structure-building processes promises to show how all three factors are involved with each other in the treat…
The Use of Criminal Sanctions in the Enforcement of Economic Legislation
Legal Rules and the Process of Social Change
The Barren Prospect of a Representational World
This is a criticism of the view that the term "representation" has a peculiarly tangible clinical referent, a unique phenomeriological meaning, and a special power to reveal subjective reality undistorted by theoretical constructs. Such a view is illegitimately encouraged by a tendency to think of "image" when we say "representation", even though we mean something more like "understanding", and by a tendency to treat understanding as though they …
What Is Psychoanalysis
Although we are now less inclined to argue about whose treatment is entitled to be called psychoanalysis, we will understand current debates better if we revisualize what originally made psychoanalysis different from other treatments. At its birth, psychoanalysis twisted the common-sense treatments it grew out of into very peculiar shapes. In reaction to that extreme peculiarity, a process of normalizing began almost immediately and continues to …
Coming of Age
Law and society, though not a field in itself, is the object of a growing movement that studies legal systems using tools of social science. Founded by sociologists, the movement now includes representatives of all the social sciences. It has developed strong organizations in the United States and in a number of other countries. Its adherents share a number of basic assumptions; they reject extreme ideas of legal autonomy and stress instead the d…
Flirting with Virtual Reality
Psychoanalysis encourages patients to experience a virtual reality of the psychoanalytic relationship, in which both image and wish can be experimented with. Originally, the patient's awareness was supposed to move back and forth between the virtual and the actual, in a flickering and uncertain fashion. That is uncomfortable, and analysts have often preferred the domain of virtuality or of actuality, or have denied the distinction altogether. Rec…
Modern Hermeneutics and Psychoanalysis
Contemporary hermeneutics tries to integrate our unique, local sense of things with overarching nature, often by celebrating the concrete phenomenology of the moment at the expense of scientific abstractions. But abstractions are unavoidable. Hermeneuticists point out that we are constantly making new abstractions. But the more optional and variable views, which we call subjective, depend on the old, reliable abstractions, such as time, space, su…
Litigation and Society
Litigation, in ordinary speech, refers to actions contested in court; this involves a claim, a dispute or conflict, and the use of a specific institution, the court, to resolve the conflict or dispute. In the past most legal research has consisted of analysis of doctrine and theory about doctrine. But litigation is an important phenomenon in its own right and research lately has shown this. This chapter aims to sketch out a few major areas of res…
Potentiality Shrouded
An analyst often needs to feel that the integration he anticipates and provokes was already observed, fully present, in the patient. He can feel that way by cultivating an empathic sense that the patient's aspects and movements are inevitable and not chosen. A full theory of the mind, however, describes other possibilities. For that reason, it is sometimes useful to work with incomplete theories that omit descriptions of potentiality. These holis…
The Delicate Balance of Work and Illusion in Psychoanalysis
One might say that the analyst counts on the patient's unconscious work, while conscious work is, to some extent, just one more thing to be deconstructed (analyzed). Analyst and patient, however, cannot avoid thinking that they are working on a common project, partly because the image of a mutual work distracts from the painfully uncertain illusion that the analyst is really offering a lasting, familial sort of bond, and partly because the sense …
Overview
(1996). Overview: Knowledge and Authority in the Psychoanalytic Relationship. The Psychoanalytic Quarterly: Vol. 65, Knowledge and Authority in the Psychoanalytic Relationship, pp. 254-265
A Renaissance for Freud’s Papers on Technique
The analyst depicted in Freud's Papers on Technique (1911-1915) struggles to split the patient's stubborn desire by reframing it as memory. In contrast, after the structural theory was adopted, analysts could picture themselves as liberating rather than struggling with patients, since their design was to show that the patient's fears are unrealistic. But North American analysts have come to doubt their ability to rule on what is and isn't realist…
Who Needs Theory of Therapeutic Action
(2007). Who Needs Theory of Therapeutic Action? The Psychoanalytic Quarterly: Vol. 76, No. sup1, pp. 1635-1662
Is There a Special Psychoanalytic Love
Although the analyst's role mandates a degree of detachment, analysts have often said that they offer patients a special kind of love. They have tended to equate that love with understanding, thus neutralizing the paradox but also diluting the love. When something more resembling a loving affect is sought, the suggestions include the love a scholar feels for his subject, the love that accompanies immersion in great literature, and love that is se…
Patterns of Testation in the 19th Century
Journal Article Patterns of Testation in the 19th Century: A Study of Essex County (New Jersey) Wills Get access Lawrence M. Friedman Lawrence M. Friedman Associate Professor of Law *University of Wisconsin Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 8, Issue 1, January 1964, Pages 34–53, https://doi.org/10.2307/844161 Published: 01 January 1964
Legal History
The Use of Criminal Sanctions in the Enforcement of Economic Legislation
Tenement House Legislation in Wisconsin
Journal Article Tenement House Legislation in Wisconsin: Reform and Reaction Get access Lawrence M. Friedman, Lawrence M. Friedman Associate Professor of Law *University of Wisconsin Search for other works by this author on: Oxford Academic Google Scholar Michael J. Spector Michael J. Spector Third-year student †Harvard Law School Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 9,…
Contract Law in America
Legal Rules and the Process of Social Change
Japan and the Psychopathology of History
Drives and Knowledge
Social Welfare Legislation
Law and Equal Opportunity
Legal Culture and Social Development
Legal scholars come to the problem of development somewhat tardily. But legal systems are clearly a part of political, social, and economic development, just as are educational systems and other areas of the culture. No major social change occurs or is put into effect in a society which is not reflected in some kind of change in its laws. Legal institutions are responsive to social change; moreover, they have a definite role, rather poorly unders…
Essays in the History of Early American Law
Essays in the History of Early American Law Get access Flaherty David H., ed. Essays in the History of Early American Law. Chapel Hill, University of North Carolina Press, 1969. x + 534 p. $12.50. Lawrence M. Friedman Lawrence M. Friedman Stanford University School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 14, Issue 3, July 1970, Pages 277–280, https://doi.org/10.2307…
The Idea of Right as a Social and Legal Concept
The legal system consists of authorizations and rights, as well as commands. Some claims of right are demands for major changes in society. These claims may act as an important alternative to violence; on the other hand, denial of such claims may lead to serious frustration. This is particularly so because although the essence of a right is that it is theoretically without limits as to supply, in actual practice no right can be absolute, and righ…
A Microcosm of the Probate Process
Social Action and Legal Change
Law in American History
Journal Article Law in American History Get access Fleming Donald Bailyn Bernard, Editors, Law in American History. Boston, Little, Brown and Company, 1972. xi, 677 pp. $12.50. Lawrence M. Friedman Lawrence M. Friedman Professor Law School, Stanford University Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 17, Issue 4, October 1973, Pages 365–369, https://doi.org/10.2307/845101 P…
Privilege and Creative Destruction
The Promise of American Legal History
A History of American Law
A Legal History for America
Lawyer's Lawyer
Journal Article Lawyer's Lawyer: The Life of John W. Davis. By William H. Harbaugh. (New York: Oxford University Press, 1973. xvi + 648 pp. Illustrations, notes, and index. $15.00.) Get access Lawrence M. Friedman Lawrence M. Friedman Stanford University Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 61, Issue 3, December 1974, Pages 817–818, https://doi.org/10.2307/1899991 Published: …
A History of American Law
Journal Article A History of American Law. By Lawrence M. Friedman. (New York: Simon and Schuster, 1973. 655 pp. Notes, bibliographical essay, bibliography, and index. $14.95.) Get access John E. Semonche John E. Semonche University of North Carolina, Chapel Hill Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 60, Issue 4, March 1974, Pages 1087–1088, https://doi.org/10.2307/1901024 Pub…
A History of American Law
Journal Article A History of American Law Get access Friedman Lawrence M., A History of American Law, New York, Simon & Schuster, 1973. 655 pp. $14.95. William E. Nelson William E. Nelson Assistant Professor University of Pennsylvania School of Law Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 18, Issue 2, April 1974, Pages 182–185, https://doi.org/10.2307/844967 Published: 01 A…
Lenders and Borrowers
San Benito 1890
Political science (85 obras) · Law (72 obras) · Sociology (63 obras) · Psychology (62 obras) · Law (55 obras) · Philosophy (44 obras) · Psychoanalysis (41 obras) · Epistemology (34 obras) · Computer Science (31 obras) · American Constitutional Law and Politics (27 obras)