科研之友
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摘要
In the French law tradition, jurors and magistrates have to use their intimate conviction to judge not only the reality of the act, but also the intention of the author and his/her %26quot;spirit%26quot;. In addition, an analysis of legal texts on intimate conviction enables to make the hypothesis that they tend to induce, for the juror or the magistrate, a dual conflict: one between trust and distrust regarding one%26apos;s own representations, and another regarding one%26apos;s own affective tendencies, which have to be kept away. The general objective of our research is to study the conscious and unconscious processes by which the magistrates build their intimate conviction. The specific objective of this article is to study how the magistrates, subjectively, appropriate or not the conflict induced by legal texts on intimate conviction. We submitted a criminal case to ten magistrates, then analyzed their discourses on three levels: analysis of the psychosocial determinants, analysis of narrativity, and analysis of subjective implication. Our specific objective leads us to find, on a psychoanalytical perspective, two main modes of linking the psychic conflict induced by the practice of intimate conviction. First, %26quot;the avoidance of psychic conflict%26quot;, by recourse to idealization processes of the plaintiff or, on the other hand, by distrust of the image of the victim. Second, %26quot;the crossing of psychic conflict%26quot;, which supposes the experience, by the magistrate, of his/her own contradictory tendencies, his/her ambivalence regarding the plaintiff or the defendant, and his/her unique psychic conflicts. Thus a reflection opens itself on the psychic processes around which, subjectively, the link between the magistrate and his/her own beliefs, collective representations of the victims and authors, and the judicial process, is built.
- 出版日期2012-3
