E-Book Overview
This volume presents a Type Theory of Law (TTL), claiming that this is a unique theory of law that stems from the philosophical understanding of Jung’s psychological types applied to the phenomenon of law. Furthermore, the TTL claims to be a universal, general and descriptive account of law. To prove that, the book first presents the fundamentals of Jungian psychological types, as they had been invented by Jung and consequently developed further by his followers. The next part of the book describes how the typological structure of an individual determines their understanding of law. It then addresses the way in which inclusive legal theory can be understood based on this typology. Finally, the book describes the TTL in general and descriptive terms and puts it into context. All in all, the book shows how the integral or inclusive approach to understanding the nature of law is not only in tune with our time, but also relevant for presenting a more persuasive picture of law than the older exclusivist or dualist approaches of strict natural law and rigid legal positivism did.
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SPRINGER BRIEFS IN LAW
Marko Novak
The Type Theory of Law An Essay in Psychoanalytic Jurisprudence 123
SpringerBriefs in Law
More information about this series at http://www.springer.com/series/10164
Marko Novak
The Type Theory of Law An Essay in Psychoanalytic Jurisprudence
Marko Novak European Faculty of Law Nova Gorica, Slovenia
ISSN 2192-855X ISSN 2192-8568 (electronic) SpringerBriefs in Law ISBN 978-3-319-30642-1 ISBN 978-3-319-30643-8 (eBook) DOI 10.1007/978-3-319-30643-8 Library of Congress Control Number: 2016938509 © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
Preface and Acknowledgments
I have always been fascinated with the duality of human nature. One such version is the duality that has existed in legal theory or legal philosophy from the very beginning of our civilization, that between natural law and legal positivism. Both perspectives have certainly proven to be persuasive accounts of law, but it needs to be understood how their authors can be so different as to have such distinct approaches concerning the essence of law. In order to obtain an insight into people’s true nature, one needs to study psychology and I was very lucky to come into contact with Jung and his depth psychology. From amongst his enormous work in the field of analytical psychology, it was a particular typology that gave me at least a glimpse of understanding as to why people have such divergent views. This book has bee