NCJ Number
141550
Journal
Behavioral Sciences and the Law Volume: 11 Issue: 1 Dated: (Winter 1993) Pages: 97-109
Date Published
1993
Length
13 pages
Annotation
This analysis of the relevance of anarchist political theory to psychological jurisprudence argues that adherence of psychological jurisprudence concerned with the subjective experience of law and with social justice should take seriously the anarchist position that radical social change is needed to help society progress in a direction more suited to basic human needs and values.
Abstract
Anarchist political theory holds that efforts to achieve an optimal balance between individual autonomy and a psychological sense of community are often hindered rather than helped by institutionalized legal principles and practices. Despite law's dominance, echoes of earlier forms of social organization, more in keeping with optimal well- being, may be identified in legal doctrines related to such topics as the distinction between law and equity, jury nullification, and the ninth amendment, all of which have been subject to much criticism. Thus, psychological jurisprudence should give special attention to the work of community psychologists who emphasize empowerment, decentralized solutions to community problems, and diversity. Further attention should also focus on the way in which the legal system comes to be perceived as legitimate. Thus, incorporating into psychological jurisprudence the anarchist dual focus on individual autonomy and psychological sense of community can be useful, particularly in aiding efforts to bring about social justice. 80 references (Author abstract modified)