L’approche psychanalytique du comportement humain comme référentiel dans une démarche juridique: Quelques cas d’illustration - CSN

L’approche psychanalytique du comportement humain comme référentiel dans une démarche juridique: Quelques cas d’illustration

Publication Date : 30/06/2024

DOI: 10.59228/rcst.024.v3.i2.82


Author(s) :

Freddy Ipuka Badje .


Volume/Issue :
Volume 3
,
Issue 2
(06 - 2024)



Abstract :

Human development is of interest to a number of disciplines that seek to understand human behavior. Among these is psychology. To better understand human behavior from birth to death, authors have developed theories to explain it by establishing causal links between its constituent elements. These include the mechanistic, organistic, psychoanalytic, humanistic and life-entire approaches. The law, which governs man's conduct in society and social relations, is called upon to resolve complex cases, the discretion of which is left to the jurist. In an interdisciplinary approach, the present study has argued that there are bridges of interpenetration between psychology and law. It has also shown that the psychoanalytical theory of human behavior can certainly be used to humanize the law in the following cases: assessment of facts, qualification of facts, application of the rule of equity (ex aequo & bono), determination of certain abstract notions such as the notion of 'greater benefit to children', determination of the moral element of an offence, determination of the sentence imposed, as well as the drafting of laws and other legal texts.


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