Freud und die pränatale und perinatale Dimension des seelischen Erlebens

The tradition of psychoanalysis is burdened with fractures and splitting, the consequences of which have not yet, in my opinion, been adequately reflected. This concerns in particular the time-relatedness of some psychoanalytical concepts and the experiential importance of earliest experiences with the mother before and during birth. A fundamental reason for the incomplete apprehension of the reality of prenatal and perinatal experiences lies in the era-dependent and personally related limitations of Freud’s possibilities of insight, which were not adequately reflected in consideration of his great discoveries and from loyalty. The fractures mentioned were often compromise-like “solutions” relating to differing perceptions but also meant, more than had been realized, a loss of substantial insights. The consequence of this situation is that nowadays we have a variety of schools and groups with partial insights, which are, however, often arbitrarily generalized for the sake of group identity. This article is an attempt at a reflection of this situation and its background.     

Personality, person, subject in Russian legal philosophy at the turn of the twentieth century

The problem of the legal person is a central issue in legal philosophy and the theory of law. In this article I examine the semantic meaning of the concept of the person in Russian philosophy at the turn of the twentieth century, considered to be the “Golden Age” of Russian legal thought. This provides an overview of the conception of the personality in the context of different legal approaches (theory of natural law, legal positivism, the psychological legal doctrine, and the sociological school of law). I indicate a polemic among the theories of the person and attempts to create an integral concept of the legal subject. In addition I present an analysis of the relation between the concepts of the legal subject and the moral person, which personify fundamental features of law and morality. In order to demarcate the notions of individual and the legal subject, I focus on doctrines of the artificial person or the juridical person.     

Gloria Anzaldúa's Affective Logic of Volverse Una

Although Gloria Anzaldúa's critical categories have steadily entered discussions in the field of philosophy, a lingering skepticism remains about her works’ ability to transcend the particularity of her lived experience. In an effort to respond to this attitude, I make Anzaldúa's corpus the center of philosophical analysis and posit that immanent to this work is a logic that lends it the unity of a critical philosophy that accounts for its concrete, multilayered character and shifting, creative force. I call this an “affective logic of volverse una.” Starting with the understanding of a situated modality of all subjectivity, Anzaldúa's work exhibits a logic of three moments distinguished by states of awareness. Each state of awareness is characterized by the generative degree of the subject's responses to its conditions: critical, individuating, and expansive. Led by her late concepts of conocimiento and nepantlera, I return to her earlier works and trace Anzaldúa's innovative exploration of undoing the oppressive condition of marginal subjectivities from “La Prieta” through Borderlands/La Frontera to her final published essay “now let us shift.” I find a liberatory schema of volverse una/becoming whole that is grounded in an active receptivity of sensibility and facilitated by affective technologies for transformation.     

When will is not the same as should: The role of modals in reasoning with legal conditionals

Naïve reasoners reject logically valid conclusions from conditional rules if they can think of exceptions in which the antecedent is true, but the consequent is not. However, when reasoning with legal conditionals (e.g., “If a person kills another human, then this person should be punished for manslaughter”) people hardly consider exceptions but evaluate conclusions depending on their own sense of justice. We show that participants’ reluctance to consider exceptions in legal reasoning depends on the modal auxiliary used. In two experiments we phrased legal conditionals either with the modal “should” (i.e., “ . . . then this person should be punished”), or with “will” (i.e., “ . . . then this person will be punished”) and presented them as modus ponens or modus tollens inferences. Participants had to decide whether the offender should or will be punished (modus ponens) or whether the offender indeed committed the offence (modus tollens). For modus ponens inferences phrased with “should” we replicate previous findings showing that participants select conclusions on the basis of their own sense of justice (Experiments 1 and 2). Yet, when the legal conditional is phrased with the modal “will” this effect is attenuated (Experiments 1 and 2), and exceptions are considered (Experiment 1). The modal auxiliary did not affect modus tollens inferences.     

Third-Party Consent Searches: Legal vs. Social Perceptions of “Common Authority”1

We investigate the degree of correspondence between legal concepts underpinning third-party consent searches (a co-resident permits police search of shared living space and belongings) and laypersons' sociocultural expectations. In accord with the legal concepts, we hypothesized that laypersons would be able to distinguish between authority over (1) exclusive-use vs. common-use areas, and (2) personal effects in exclusive-use vs. common-use areas. But, we also expected that (3) the interpretation of “common authority” would be influenced by the presence vs. absence of the co-resident, and (4) the type of intruder (social, commercial, civil authority, or criminal justice authority) would influence responses to requests for entry. These hypotheses were tested using a fully between-subjects, factorial design (N= 160). Results supported our first three hypotheses. Subjects understood the concept of a warrantless search and distinguished between “exclusive use” areas and “common authority” areas at the level of rooms within the shared residence. Subjects' interpretation of “common authority” for third-party consent purposes was influenced by physical presence of the co-resident. If the co-resident was absent, “common authority” was interpreted as independent consent power. There was no consensual interpretation of “common authority” when the co-resident was present and protested the proposed search. Results suggest situational dependence of lay understandings of “common authority” over jointly used areas.     

Pathologisches Glücksspiel und Delinquenz

Pathological gambling is characterized by excessive gambling behavior which influences the life and well-being of a person in a dysfunctional way. It often leads to severe consequences in social and family life, career and material matters. This can also include illegal acts. In the Diagnostic and Statistical Manual of Mental Disorders IV (DSM-IV) excessive gambling was classified under impulse-control disorders but was renamed as gambling disorder (GD) and reclassified under the category “substance-related and addictive disorders” in DSM-5, due to parallels to substance use disorders in the clinical characteristics as well as genetic and neurobiological factors. In Germany, approximately 0.5?% of the adult population suffer from GD. Especially gambling machines are associated with an increased risk of gambling-related problems. Common comorbidities are substance-related and affective disorders. The most important risk factors are young age, male gender, a history of migration, gambling-related problems in the family, unemployment, a low educational level and low household income. Delinquent behavior was not considered to be a sufficiently discriminative factor for GD, although there is a correlation between delinquency and gambling behavior. In addition, those GD subjects who show delinquent behavior also show a specific risk profile. Thus, mental health professionals should be aware of possible psychosocial consequences in GD, such as illegal acts, and this should be addressed in the effective treatment strategies, such as cognitive behavioral therapy. Moreover, it is necessary to improve the access routes for affected people into healthcare system in order to ensure early detection and treatment of the disease.     

Reading Cristina García's The Agüero Sisters as Latina Feminist Philosophy

Through an analysis of the interconnections or lack thereof between gender and epistemology, I present Cristina García's The Agüero Sisters as a text of Latina feminist philosophy. First, I use the works of Linda Alcoff and Walter Mignolo to illustrate the political nature of epistemology and how women and people of color in particular are disenfranchised from such a political endeavor. Then I examine the connections among the concepts of origin, absence, inheritance, and knowledge‐construction in García's novel to further a critique of standard epistemology and point to an emphasis on reconnection with feminine and maternal knowledge for this text's female characters. Moreover, a depiction and elaboration of María Lugones's ideas of the “coloniality of gender” and “decolonial feminism” in this novel augments this critical examination of epistemology and places emphasis on women as knowledge‐producers.     

The legalization of the school psychologists’ world

Discusses the increasing tendency of legal rules to shape school psychologist's conduct. Court cases, legislation, and empirical studies treating with this issue are analyzed. The article suggests that “the legalization of the school psychologist's world” may afford an opportunity to reshape, in more “non-formal” and collegial ways, relationships with other school professions, students, and parents.     

Kinderpornografie

The quantity and distribution of child abuse material (“child pornography”) has substantially risen since the advent of the internet facilitated access. Due to the international character of the associated delinquency prosecution is confronted with several difficulties. In 2003 the European Union established a framework agreement to legally combat child pornography. The market for child abuse material is profitable, as production is comparably cheap. The number of convictions for relevant crimes varies but is generally still on a high level, even though reporting of relevant contents is decreasing. Providers and users might have switched to less controllable internet platforms. The physical and/or psychological sequelae for victims of child pornography are serious and ongoing. Studies show that compared to hands-on-offenders users of child exploitation material are generally younger, better educated and less often have a criminal record. Some of them (10–25?%) fulfill the diagnostic criteria of pedophilia. A child pornography offender’s risk of committing a hands-on-offence seems to be increasing with the diagnosis of pedophilia and antisocial personality traits. According to existing data, individuals whose only criminal record refers to illegal pornography seem to be at low risk for future offending with child abuse (0.2–6.6?%). Offenders who were already convicted for child abuse have a higher risk for re-offending when consuming (deviant) pornography. Several cognitive behavioral treatment manuals exist, however accurate diagnostic assessment and indication are required.     

Zukunftsperspektiven sexualforensischer Psychotherapie

There is a controversial discussion on to what extent sexual forensic psychotherapy has a positive influence on the legal probation of sexually delinquent people. From this the question arises on how treatment with a perspective for success could be structured. This article assumes that such a perspective can only succeed through close cooperation between science and psychotherapeutic practice. Through the analysis of a methodologically elaborate study, considerations on the motivation and the influence of empirically ascertained risk factors are developed and each placed in relation to scientific and therapeutic practice. In this way various problems are tackled, which range from insufficiently described interventions via too little therapeutic flexibility up to limitations in the scientific evaluation. Finally, possible barriers for the development of such a perspective are discussed and the connection to the so-called risk-need-responsivity (RNR) model is explored.     

Order,disorder, and the absolute: An experiment in dialogue

The first section of this dialogue is excerpted from an edited conversation between Sean Kelly and the late David Bohm, and focuses on the concepts of order, disorder, and the Absolute. The second section explores these concepts in greater depth, with Bohm maintaining the impossibility of absolute knowledge and the fundamental unintelligibility of the concept of disorder, preferring instead to speak of “orders of infinite degree” which emerge out of an “unknown ground.” Kelly responds by proposing the concept of “absolute knowing” as the cognitive process within which the concepts of order and disorder, the known and the Unknown are seen as dialectically related moments of the Absolute as complex whole. The third section is Edgar Morin's response to the preceding dialogue. He begins by outlining his views on the nature and limits of rationality, maintaining, with Bohm, the superiority of the “negative modality” of speaking about “being” or “reality.” In the second part, however, he proposes the notion of nature as “chaosmos,” which he understands as a creative “dialogic” of order, disorder, and organization.     

Die Behandlung paraphiler Störungen mit GnRH-Agonisten unter besonderer Berücksichtigung ethischer und rechtlicher Aspekte

Current guidelines recommend the use of antiandrogenic medication in addition to psychotherapeutic procedures in the treatment of patients and sexual offenders with severe paraphilic disorders and a high to very high risk of committing severe sexual offences. This article provides an overview about the current state of research concerning the effectiveness and possible side effects of antiandrogens and discusses the legal and ethical basis of using antiandrogens in the therapy of paraphilic disorders with a focus on gonadotropin-releasing hormone (GnRH) agonists. Meanwhile, a great deal of empirical evidence exists with respect to the effectiveness of GnRH agonists for lowering paraphilic sexual fantasies and behaviors; however, GnRH agonist treatment also still has a risk of mild to severe undesired side effects, e.?g. hypertension, hyperlipidemia, liver damage, bone demineralization and depression. Nevertheless, in German forensic psychiatric institutions a not insignificant proportion of patients are treated with antiandrogens and furthermore, in the last few years treatment with GnRH agonists has become more important. In Germany, GnRH agonists can only be used on a voluntary basis; however, in some European countries and North American states legal statutes for compulsory treatment also exist. This is clearly contrary to the recommendations of current international guidelines. In light of the fact that GnRH agonist treatment could violate basic human rights, the need for an ethically sound approach is even more important in the decision for therapy with GnRH agonists. This article provides some proposals for a treatment approach that is in line with current ethical and legal requirements.     

Qualitätskriterien forensischer Ambulanzen des Strafvollzugs

In 2007 the legal reform concerning the supervision of conduct established forensic aftercare as mandatory for patients released from forensic commitment hospitals and offenders released from penitentiaries. Therefore, in the past 10 years forensic outpatient departments have evolved all over Germany in a state-specific manner according to the legal mandate of treating and managing released offenders. Some of these outpatient departments were newly founded and some were long established units for treating and managing offenders that expanded their services for offenders under supervision of conduct. During the past years these heterogeneous outpatient departments have formed a federal network targeting professional exchange, commonalities, discrepancies and distinct characteristics in realizing the legal mandate. Following the debate on minimum requirements in forensic psychiatric aftercare departments of forensic commitment hospitals in 2014, this federal network developed quality criteria. Despite diverse state and trusteeship-specific conditions, these quality criteria emphasize common content and formal factors for a successful forensic outpatient treatment. This article presents the result of a discussion process along with the agreed quality criteria in the categories of the quality of structure, process and results.     

Cheshire Calhoun's Project of Separating Lesbian Theory from Feminist Theory

I support Cheshire Calhoun's argument that there is a distinctive type of sexuality injustice addressed to lesbians and gays, but challenge her definitional strategy regarding the concepts of “lesbian” and “gay” and the “universalistic essentialist” distinction that she draws between patriarchy and compulsory heterosexuality. Finally, I take issue with the political implications of her claim that lesbians’ and gays’ special oppression stems from our exclusion from the legal prerogatives of marriage and parenthood.     

Warum nachhaltige therapeutische Veränderungen im Gehirn Zeit brauchen

Successful psychotherapy requires structural and functional changes in limbic brain centers; however, these differ in manner, effectiveness and dynamics. One primary factor is the therapeutic alliance, i.?e. the mutual trust between patient and therapist. This factor reduces the level of stress hormones via release of the “bonding hormone” oxytocin and increases the production of serotonin and endogenous opioids. As a consequence, a rapid improvement of the mental emotional state of the patient often occurs; however, this is not accompanied by the deeper and longer lasting neuronal changes necessary to treat severe mental illnesses. This occurs only when dysfunctional habits of feeling, thinking and acting residing primarily in the basal ganglia (striatopallidum and nucleus accumbens) and amygdala are reorganized. Rather than being an explicit cognitive process this represents an implicit procedural process, which after an extensive search for resources requires a sufficient length of time and frequent rehearsal of more adaptive emotional attitudes and patterns of behavior. Apparently, this is promoted by the generation of new nerve cells from neural stem cells induced by oxytocin and neurotrophins, such as brain-derived neurotrophic factor (BDNF), taking place in the hippocampus and the basal ganglia. All these facts are in favor of a long-term psychotherapy at least in cases of severe mental diseases.     

Intermediaries and intervenients in normative systems

Many concepts in legal texts are “intermediaries”, in the sense that they serve as links between statements of legal grounds, on one hand, and of legal consequences, on the other. In our paper, an algebraic representation of normative systems is used for distinguishing between different kinds of intermediaries and making the idea of a joining between grounds and consequences more precise.In Section 1, the idea of intermediaries is presented and earlier discussions of the subjects are outlined. In Section 2, we introduce the algebraic framework and develop the formal theory. After introducing our approach to the representation of a normative system, we here present a theory of “intervenients”, seen as a tool for analysing intermediaries. In Section 3, dealing with applications, after presenting a model of the formal theory, suited for the analysis of concepts in normative systems, we apply the theory to a number of examples, introduced in the first part. Finally, in Section 4, we make some remarks on the methodology of intermediate concepts.     

Jus Ad Bellum,Values, and the Contemporary Structure of International Law

In “Religion, Violence, and Human Rights: Protection of Human Rights as Justification for the Use of Armed Force,” James Johnson discusses an important dilemma for contemporary society: when should transnational military force be permitted to protect human rights? Professor Johnson uses the relatively recent doctrine of a “responsibility to protect” as the centerpiece of his paper, characterizing it as a reaction to legal concepts that emerged in the “Westphalian system.” Yet the doctrine, at least as it relates to the use of military force, is not a reaction to that system but, rather, to the relatively recent system of the UN Charter, particularly its relegation to the Security Council of the exclusive authority to determine when military force should be used for purposes other than self‐defense. When the Cold War ended and the Security Council failed to act to protect human rights, the doctrine was born.     

Binding,narcissistic pathology and the psychoanalytic process

This article discusses the question of truth claims in psychoanalysis, revolving around the concepts “construction”, “reconstruction”, “historical truth” and “narrative truth”. In Part I of the article, these concepts are discussed in an historical context, in particular, Freud's view, the narrative tradition and some of Bion's ideas. In Part II, an attempt is made to synthesize these concepts. It is argued that the constructed character of the unconscious has to be integrated into the patient's reconstruction of his/her life story. The psychoanalytic project enables the patient to create a new narrative that claims to possess historical validity. It is important in this context not to understand the notion of “history” objectivisticallv as if it were a question of revealing certain objective historical facts. Instead, it is suggested that the connection between the present understanding of the past and the past as it was experienced in the past should be understood as a fusion of horizons. Finally, the necessary function of consciousnesslself-consciousness for the psychoanalytic project of acquiring knowledge about one's unconscious is pointed out.     

COMMUNICATION AS AN INTENTIONAL,SOCIAL SYSTEM

The argument is presented that taking communication as intentional and as a social system is necessary although not sufficient for defining the concept of communication for scholarly and research purposes. To illustrate the tendency and the error of ignoring the sociality of communication the notion of “intrapersonal communication” is examined. It is contended that many authors reject “intention” as a defining attribute of communication as a result of a strong tendency toward seeing the concept only in a defective form, represented as “speaker's purpose” and that the sense of “intention” needs to be grounded in a prior notion of “intentionality.”     

Psychoanalytische Gedanken zur europäischen Flüchtlingskrise und zum Fremden

There are many aspects – political, economic, legal, medical, cultural and religious ones – of the present refugee crisis in Europe. Difficulties in border crossing, settlement programs, life-saving issues and security measures present themselves immediately. The refugee crisis also needs to be examined from a psychological angle. In this paper I will describe psychoanalytic findings on voluntary and forced immigration and human responses to the Other. Change in the twenty-first century is occurring at an unprecedented pace and scale. Globalization, incredible advances in communication technology, fast travel, recourse limitations, and terrorist activities and now the refugee crisis in Europe make psychoanalytic investigation of the Other a major necessity.