Trauma, Justice and Psychoanalysis

Subject 730-263 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 4 (Undergraduate)
Dates & Locations:

This subject is not offered in 2009.

Time Commitment: Contact Hours: Intensive over the summer semester
Total Time Commitment: 144 hours
Prerequisites:

Legal Theory or equivalent.

Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

Subject Overview:

This course introduces a psychoanalytic theory of law in order to explore various ways of understanding injury and of responding to the demands of injustice. Drawing on the concept of trauma (events that overwhelm and defy understanding), the course is organised around three themes: experience of injury, ethics of testimony, narratives of responsibility and community. After examining a psychoanalytic and broadly interdisciplinary theory of trauma, the course considers the relevance of this theory for an understanding of legal responses to situations of political injustice and their aftermath. The situational case studies will include a selection from the ­following:

  • legal responses to the destruction of the European Jewry during World War II and its aftermath;

  • memory and the times of transitional justice: criminal justice, truth and reconciliation. Examples include cases before the international criminal court and ad hoc international criminal tribunals, as well as from transitional moments in South Africa, Argentina, Timor L'Este, Chile;

  • Australian indigenous peoples and historical injustice: genocide, deaths in custody, the stolen generations;

  • political violence and peace processes in Ireland;

  • reparation movements;

  • torture and truth; and

  • sexual politics and sexual injury.

Note: The essay in the subject will be regarded as a substantial piece of legal writing for honours purposes.

Objectives: The overall aim of this subject is for students to develop their understanding of contemporary legal theory through a detailed study of one particular theory of law and its relevance for our understanding of legal responses to political injustice. It is expected that, at the end of the successful completion of the subject, a student would be able to:
• theorise about law, using the conceptual tools of psychoanalysis
• understand the advantages and disadvantages of a range of legal responses to trauma and injustice in national and international contexts
• analyse and evaluate the implications of a psychoanalytical theory of trauma for contemporary understandings of injurious experiences
• analyse and evaluate the implications of a psychoanalytical theory of trauma for contemporary understandings of the ethics of testimony
• analyse and evaluate the implications of a psychoanalytical theory of trauma for contemporary understandings of community and responsibility,
• Understand and discuss intelligently at least one particular context – historical and contemporary - in which law and trauma have provided the terms through which political justice has been formulated and institutionalised.
Assessment:

Research essay of 5000 words, 100% (due 29th February)

Prescribed Texts:

Printed materials will be issued by Melbourne Law School.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of this subject, students should have developed the following generic skills:

  • the formulation and presentation of theoretical argument
  • jurisprudential research
  • interdisciplinary research
  • textual and contextual interpretation of statutes, trials, judicial judgments and government commissions
  • oral and written discussion/presentation of theoretical texts
  • ability to develop and research a self-selected topic

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