Judicial and Political Decisions from a Critical Psychology Perspective

Judicial and Political Decisions from a Critical Psychology Perspective Kristine Arnet Connidis Doctor of Juridical Science Faculty of Law University of Toronto 2015 ABSTRACT I examine conflicting judicial and political decisions from the critical psychology perspective of Jung's theory of different psychological functions and corresponding types of conscious viewpoints. I apply that theory as a realistic approach to refining judicial and political processes and the relationship between them. I do so in a thoroughly interdisciplinary way, aiming for accuracy and fullness in both the psychological and the institutional functions. Judicial decision-making can uniquely provide a rational viewpoint of `concrete thinking' (as Jung probingly defined it), guided by an ideal of Justice, well-developed by judges as experts in this task, within court processes designed to facilitate it. Political decision-making (legislative and executive) can uniquely provide a well-developed rational viewpoint of citizens' shared `feeling evaluation' (as Jung defined it), guided by any of a number of ideals, led by politicians, who have resources designed for carrying it out, and who should also practice as experts in their exclusive role. Their two distinct viewpoints (reflecting familiar `hallmarks') are specialized, one-sided, `complementary opposites': Potentially oppositional and inherently complementary, the brilliance of one precisely compensates a blind-spot in the other. An `interplay' (or dialogue) between them on a contested topic enables them to refine each other's viewpoints and together differentiate and extend the overall rational grasp of the topic, in their own decisions and, through them, in the conscious attitudes and actions of the society as a whole. This shifts the perspective on difficult issues in positive and practical ways. It explains the importance of appreciating and refining what is distinct about judicial and political decisions, and about their dialogue. Among its helpful applications are the fresh reinforcements it gives to judicial decision-makers, to develop and apply a reasonable standard of care and skill in political practice, and to political decision-makers, to help make and meet such a standard.

Department dc:contributor.department

Law

Year dc:date.issued

2015

Author dc:creator

• Connidis, Kristine Arnet

Advisor dc:contributor.advisor

• Nedelsky, Jennifer

• C.G. Jung
• critical psychology
• democracy
• judicial decision-making
• political decision-making
• rational consciousness

Handle dc:identifier.uri

http://hdl.handle.net/1807/74417

OAI identifier oai:identifier

oai:utoronto.scholaris.ca:1807/74417