One of the most important parts of Alf Ross’ legacy as a legal scholar is his concept of legal consciousness. This concept would even nowadays be relevant, and could find support in Jung’s psychological typology, which has not been refuted by modern psychology. With its taxonomy of attitudes (introversion and extraversion) and cognitive functions (of evaluation: thinking and feeling; as well as perception: sensation and intuition), Jung in fact deals with individual consciousness. This could, however, be extended to the level of collective consciousness following the teachings of certain sociologists (like Durkheim) and cultural psychologists. Revisiting the concept of legal consciousness would certainly benefit from post-Jungians who have done studies of psychological typology in the social context. Moreover, there has been an attempt at understanding the concept of law through the prism of Jung’s psychological typology [See Novak, in The Type Theory of Law: An Essay in Psychoanalytic Jurisprudence, Springer (2016)]. This is why it seems important to see the overlaps and differences between Ross’ concept of legal consciousness and Jung’s understanding of individual consciousness in order to contribute not only to the contemporary appreciation of Ross’ legal consciousness but also to the development of this very important legal concept.

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Legal Consciousness Revisited: Ross Meeting Jung, and Beyond

  • Marko Novak

摘要

One of the most important parts of Alf Ross’ legacy as a legal scholar is his concept of legal consciousness. This concept would even nowadays be relevant, and could find support in Jung’s psychological typology, which has not been refuted by modern psychology. With its taxonomy of attitudes (introversion and extraversion) and cognitive functions (of evaluation: thinking and feeling; as well as perception: sensation and intuition), Jung in fact deals with individual consciousness. This could, however, be extended to the level of collective consciousness following the teachings of certain sociologists (like Durkheim) and cultural psychologists. Revisiting the concept of legal consciousness would certainly benefit from post-Jungians who have done studies of psychological typology in the social context. Moreover, there has been an attempt at understanding the concept of law through the prism of Jung’s psychological typology [See Novak, in The Type Theory of Law: An Essay in Psychoanalytic Jurisprudence, Springer (2016)]. This is why it seems important to see the overlaps and differences between Ross’ concept of legal consciousness and Jung’s understanding of individual consciousness in order to contribute not only to the contemporary appreciation of Ross’ legal consciousness but also to the development of this very important legal concept.