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Responsibility and Imputability: Dialogues between Psychoanalysis and Law

ABSTRACT

The article aims to discuss the importance of the current debates about responsibility and imputability based in a dialogue between Psychoanalysis and Law. Revisiting the etymology of freudian therms and Lacan's enlightments, authors oppose them to the applicability of those categories in the legal field. According Psychoanalysis, responsible subjects are entangled and commanded by drive's (Trieb) adhesiveness (Haftbarkeit), and this original condition precedes their duty to respondere (Verantwortung). Summoned from analytical work, subjects must take responsibility for their immoral and unconscious thoughts arising from their dreams and their awake conduct. These are the same subjects, supressed by Law's operations, which are much more interested in the subjects' capacity or incapacity of understanding, controlling their actions and taking responsibility for it.

Keywords:
psychoanalysis; responsibility; law

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