Psychology for Lawyers



understanding ourselves | an introduction


Preface

"[M]en have begun to be aware that they have a psychology."

—"Is Analytical Psychology a Religion?" in William McGuire & R.F.C. Hull (eds.), C.G. Jung Speaking: Interviews and Encounters 94-98, at 96 (Princeton, New Jersey: Princeton University Press, 1977)

"It might seem that self-knowledge is a central topic in psychology. In some ways it is; from Freud onward, psychologists have been fascinated by the extent to which people know themselves, the limits of this knowledge, and the consequences of failures of self-insight. Surprisingly, however, self-knowledge has not been a mainstream topic in academic psychology."

—Timothy D. Wilson, Strangers to Ourselves: Discovering the Adaptive Unconscious vii (Cambridge, Massachusetts: Belnap Press/Harvard University Press, 2002)

"In both our personal and professional lives, looking inward is necessary for self-actualization."

—Marjorie A. Silver, Love, Hate, and Other Emotional Interference in the Lawyer/Client Relationship, 6 Clinical L. Rev. 259, 274 (1999)

"Nowhere are we closer to the sublime secret of all origination than in the recognition of our own selves, whom we always think we know already. Yet we know the immensities of space better than we know our own depths, where—even though we do not understand it—we can listen directly to the throb of creation itself."

—C.G. Jung, "Analytical Psychology and Weltanshauung," in Collected Works: The Structure and Dynamics of the Psyche (vol. 8), at 737

"To find out what is truly individual in ourselves, profound reflection is needed; and suddenly we realize how uncommonly difficult the discovery of individuality in fact is."

—C.G. Jung, "The Relations Between the Ego and the Unconscious," in Collected Works: Two Essays on Analytical Psychology (2nd ed.)(vol. 7), 123-241, at 155

“Anyone who has probed the inner life, who has sat in silence long enough to experience the stillness of the mind behind its apparent noise, is faced with a mystery. Apart from all the outer attractions of life in the world, there exists at the center of human consciousness something quite satisfying and beautiful in itself, a beauty without features. The mystery is not so much that these two dimensions exist—an outer world and the mystery of the inner world—but that we are suspended between them, as a space in which both worlds meet. It is as if the human being is the meeting point, the threshold between two worlds. Anyone who has explored this inwardness to a certain degree will know that it holds a great beauty and power. In fact, to be unaware of this mystery of inwardness is to be incomplete.”

—Kabir Helminski, The Knowing Heart: A Sufi Path of Transformation 69 (Boston: Shambhala, 1999)

"The primary atmosphere in which the human being lives and moves and has his being is inward. It is contained in the way a person thinks about himself, perceives and experiences his fundamental nature. It involves his conception of himself, his potentialities, and the resources upon which he can draw. These comprise the atmosphere of his life, and they are within him."

"The great need is to enlarge not only the awareness of reality but to enlarge the capacity of experiencing its deeper levels in the symbolic terms it requires."

—Ira Progoff, The Symbolic & the Real 12, 11 (New York: McGraw-Hill Book Co., 1963)

Readings

"The Power of Discovering the Self," in Gerry Spence, Win Your Case 9-18 (New York: St. Martin's Press, 2005)

"Understanding Ourselves," in Thomas Shaffer & James R. Elkins, Legal Interviewing and Counseling 300-351 (St. Paul, Minnesota: West Publ., 4th ed., 1997)

Kathleen O'Dwyer, After Freud: How Well Do We Know Ourselves and Why Does It Matter?, 3 (2) J. Phil. of Life 97 (2013) [online text]

Gerry Spence on Self-Knowledge [James R. Elkins :: notes]

An Unexamined Life [James R. Elkins, Archaeology of Criticism]

David A. Beardsley, The Ideal of Introspection [online text]

Jason E. Smith, The Illusion of Self-Control [online text]

Class Videos

Class Viewing 1: We Don't Know Ourselves [1:34 mins.] [Jordan Peterson] [begin presentation at 1:04 mins.]

Class Viewing 2: Your Personality & Who You Can Become [8:21 mins.] [Jordan Peterson] [end at 1:44 mins.]

Class Viewing 3: Introduction to Personality and Its Transformation [54:02 mins.] [Jordan Peterson's introduction lecture to the course] [for class purposes begin at 10:45 mins.; end at 11:35 mins.] [Peterson claims that a course in psychology, of the kind he is teaching, can be viewed as a course in applied wisdom]

Class Viewing 4: The Inner World [2:38 mins.] [Jacob Needleman]

Class Viewing 5: Charles Tart: Waking Up [3:11 mins.] [Thinking Allowed with Jeffrey Mishlove] [on living in a state of illusion, a kind of dream state, a state we know as ordinary consciousness]

Class Viewing 6: Self Observation [10:49 mins.] [Charles Tart] [Thinking Allowed with Jeffrey Mishlove] [begin in-class viewing at 1:51 mins.; end at 8:23 mins.] [Charles Tart is an American psychologist known for his work on the nature of consciousness, and as one of the founders of the field of transpersonal psychology.]

Class Viewing 7: Erv Polster Interview [8:57 mins.] [class presentation begins at 2:00 mins. and ends at 4:58 mins.] [the pleasure at "looking within"; "psychotherapy is a fascinating experience"] [Erving Polster is a pioneer in the field of Gestalt psychotheraphy.]

Self-Awareness in Your Work as a Lawyer

Class Viewing 1: Importance of Self-Awareness [2:52 mins.] [Len Riskin is a law teacher] [comments on mindfulness as an awareness practice]

Class Viewing 2: Start With Yourself [9:46 mins.] [Gary Friedman, a California lawyer who was an instrumental figure in the 1980s humanistic legal education movement] [end presentation at 7:36 mins.]

Gerry Spence on Being a Lawyer and a Real Human Being

Class Viewing 1: On Knowing Who You Are [3:07 mins.] ["If I don't know myself . . . I can't know you."] [for the in-class presentation begin the video at 1:32 mins.]

Class Viewing 2: Doors of Risk [2:58 mins.] [2013] [The big door is the "risk of self-discovery." "I get to decide do I open this door or not. . . . I have a choice. I can live the rest of my life not knowing what is behind the door."]

Class Viewing 3: Living with a Stranger [1:29 mins.] [2011]

Class Viewing 4: On Self Discovery [6:17 mins.] Pt2 [2:27 mins.]

Class Viewing 5: Embracing Uniqueness [3:22 mins.]

A Final Video

Class Viewing: The Purpose of Life [3:45 mins.] [Jordan Peterson]

Reference

Commentary (James R. Elkins): There is, for many of us, an abiding interest in the question: who am I? You might try to answer the question by listing your roles: mother, daughter, cook, reader, student. At some point, it may dawn on you that these roles, one or all, do not actually define who you are. When you say you are a student, that you are studying law, that you are acquiring the knowledge and skills to become a lawyer, do you get at the depths of who you are, or is something more required. If something more is required, we might find ourselves turning to philosophy or religion, to psychology, or to a story. Answering this question—who am I?—may require you to try to articulate how you feel about yourself, how you imagine yourself, the stories you tell about yourself, and how your inner world relates to your outer world. We might even get around to the notion that who you are and how you ask the question about who you are takes you closer to what we might want to call your soul.

This idea of asking ourselves—who are you?—is always related, in one way or another, to how we inhabit the world with others, that is, how we work with others (and how we serve others in the work we do), our capacity for friendship, our ability to understand and withstand betrayal, and our wherewithal in navigating the ins and outs of life. One reason we want to understand ourselves—and pursue psychology— is so that we can know others. No self exists in isolation. Isolation spells madness.

The goal when we ask—who am I?—is to better understand ourselves, that is, self-awareness. Being able to list the roles you play (or have been assigned) in work and in life is easy enough to do (although this does not insure that your list will be a complete one, or that you may not unconsciously leave some roles off the list). Getting beyond the roles you outline for yourself can be more difficult than making the list of roles. What lies behind and deep within the roles you have assumed, the roles you play, the roles in which you sense that you have failed? There are a good many ways to answer this question. We might start with the most obvious: Being self-aware means knowing something about your emotions—your feelings—and how they work and how they shape your decisions and your life. After we see what we know about the psychological realm we know as the emotions, we will then turn to a central concern of psychoanalysis and analytical psychology—the unconscious.

"[W]e don't fully understand what we do in our lives. Much of what we do every day is oblivious to itself, as though we sleep-walk through life, unconscious to our actions and activities. We simply do what we do and don't give it a second thought: it is--or has become--second nature to us. So, to do these actions daily, even to do them well on a daily basis, is not the same as knowing or understanding that which we do (even if it is done well); the mere doing does not guarantee knowledge or understanding of what is done or how it is accomplished. Knowledge or understanding of the kind desired requires something else, something like reflection on the activity done, giving it the second thought it deserves. We may do this if we realize that what has become second nature to us still is something what we have acquired, and hence is something that we might not otherwise have done, or might have done in a different way. So the challenge here is to bring all of this--what we have done and said, our actions and activities, and their imagined alternatives--to consciousness, to conscious inspection and reflection; then, perhaps we shall see what it is that we are doing and how we manage to do it."

—Thomas D. Eisele, "Our Real Need": Not Explanation, But Education, 3 (2) Canadian J. L. & Juris. 5, 10 (1990)

"Nowadays everyone has many problems. This does not of course mean that we are all mentally ill, just that many of us feel lost in life and fail to understand ourselves and others. This explains the ever-increasing thirst for psychological knowledge and accounts for the popularity of books and lectures about psychology."

—Jolande Jacobi, Masks of the Soul 13 (Grand Rapids, Michigan: William B. Eerdmans Publ., 1976)(Ean Begg transl.) [Jacobi goes on to note that psychology is "far from simple. It is extremely difficult to fine one's bearings in the maze of the psyche. One longs to find the right path and at the same time shrinks from it." Id.]

"The modern personality is forced to live in search, in search of itself, psychologically, spiritually, and historically."

—Ira Progoff, Jung's Psychology and Its Social Meaning 13 (New York: Grove Press, 1953)

"[W]e know that the wildest and most moving dramas are played not in the theatre but in the hearts of ordinary men and women who pass by without exciting attention, and who betray to the world nothing of the conflicts that rage within them except possibly by a nervous breakdown. What is so difficult for the layman to grasp is the fact that in most cases the patients themselves have no suspicion whatever of the internecine war raging in their unconscious. If we remember that there are many people who understand nothing at all about themselves, we shall be less surprised at the realization that there are also people who are utterly unaware of their actual conflicts."

—C.G. Jung, "New Paths in Psychology" (1912), in Collected Works: Two Essays on Analytical Psychology (vol. 7), pp. 245-268, at 257

"Nowhere are we closer to the sublime secret of all origination than in the recognition of our own selves, whom we always think we know already. Yet we know the immensities of space better than we know our own depths, where—even though we do not understand it—we can listen directly to the throb of creation itself."

—C.G. Jung, "Analytical Psychology and Weltanshauung," in Collected Works: The Structure and Dynamics of the Psyche (vol.8), p. 737

Reference (Jordan Peterson)

Professor Jordan Peterson teaches two courses, Personality and Its Transformations, and a second course, Maps of Meaning that provide full-course alternatives to the work that we have been pursuing in Psychology for Lawyers. In Peterso's Personality and Its Transformations course, he includes lectures on both Jung and Freud. Peterson has, of late, become relatively well-known in Canada, and I highly recommend his lectures.

Personality & Transformation
[21:17 mins.] [on being and becoming; an introduction to the course, Personality & Its Transformation]

Becoming a Self
[28:00 mins.]

What is a Human Being?
[3:09 mins.]

"Who Am I? Why Am I Here?"
[1:48:25 mins.] [2015]

Time and the Soul: A Spiritual Biography
[1:42:06 mins.] [2015]

Time and the Soul
[19:49 mins.] [full version :: 56:25 mins.]

Gurdjieff: A Life in the Work
[1:56:05 mins.]

Necessary Wisdom
[57:00 mins.] [2014]

Alchemy as a Code for Interior Transformation
[7:05 mins.]

On Fame
[3:05 mins.]

Necessary Wisdom
[57:00 mins.] [talking about spirituality and wisdom; making sense of mysticism]

Spirituality & the Intellect
[8:35 mins.] [Thinking Allowed with Jeffrey Mishlove]

Reference (Charles Tart)

What are Altered States of Consciousness?
[12:12 mins.] [alt. posting]

Meditation and the Search for Meaning
[9:35 mins.]

Science, Religion, and Spirituality
[6:15 mins.]

The Mystical Experience
[30:00 mins.] [audio]

Charles Tart: Transpersonal Psychology
[15:00 mins.] [audio] [relating transpersonal psychology to the soul, and our spiritual nature, and to the study of spiritual experiences] Pt2 [15:00 mins.] Pt3 [15:00 mins.] Pt4 [5:22 mins.]

Questions on Consciousness
[9:30 mins.] Pt2 [8:49 mins.] Pt3 [9:59 mins.] Pt4 [8:19 mins.] Pt5 [9:54 mins.] Pt6 [9:58 mins.] Pt7 [9:56 mins.] Pt8 [9:59 mins.] Pt9 [9:49 mins.] Pt10 [9:34 mins.]

The Mystical Experience
[30:00 mins.] [interview; audio]

Evidence-Based Spirituality for the 21st Century
[25:59 mins.] Pt2 [11:41 mins.] Pt3 [26:35 mins.] Pt4 [12:27 mins.]

Reflections on Meditation
[9:37 mins.] [Pt 1 of 9]

Reference (Erving Polster)

Erving Polster Interview
[8:57 mins.] Pt2 [8:58 mins.] Pt3 [9:41 mins.] Pt4 [6:33 mins.] Pt5 [9:18 mins.]

Gestalt Therapy with Erving Polster
[1:20 mins.]

Course Resources on Fritz Perls & Gestalt Therapy

Reference (Gerry Spence)

Spence Offers Advice to Young Lawyers
[6:38 mins.] [Spence lays out his criticism of modern day legal education; comments on learning how to be real; introduces his Trial Lawyers College] [an nterview conducted for the cover story of the first issue of Law Firm Marketing Magazine]

On Fear and Feelings
[3:57 mins.]

The Value of Fear
[5:19 mins.]

Being Real
[1:30 mins.]

On Law Schools
[3:57 mins.] [commenting on thinking, feeling, being a real person]

Educating Judges
[4:15 mins.] [on being real]

Creating a Relationship with the Jury
[1:24 mins.]

Juries & Tribes
[2:08 mins.]

The Importance of Credibility
[1:38 mins.]

Is Trial Law Dead?
[5:10 mins.]

The Plight of the Public Defender
[1:31 mins.]

Love and Caring
[2:38 mins.] [2016]

The Powerful Motivator--Fear
[3:41 mins.]

Fighting for Justice
[16:36 mins.] [TED Talk]

Gerry Spence
[26:47 mins.] [Wyoming PBS] Pt2 [26:47 mins.]

An American Original
[28:26 mins.]

From Freedom to Slavery
[47:21 mins.] Pt 2 [47:24 mins.] Pt3 [46:57 mins.] Pt4 [47:01 mins.]

Eradicate the Death Penalty!
[4:59 mins.]

Interview
[19:53 mins.] Pt2 [19:51 mins.]

Reference (Gary Friedman)

Gary Friedman Interview
[9:58 mins.] Pt2 [9:31 mins.] Pt3 [8:58 mins.]

Self-Reflection for Conflict Professionals
[
15:14 mins.] [Gary Friedman speaking at a meeting; the reference in the video to SCPI is to Self-Reflection for Conflict Professionals Intensive]

Reference (Len Riskin)

Riskin Talks about Mediation
[9:19 mins.] [For Riskin's article on the use of mindfulness meditation by law students and lawyers, see: The Contemplative Lawyer] [Len Riskin faculty profile]

Meditation as a Way Lawyers Might Change Their View of the World
[2:21 mins.]

Reference (Lawyers Talking About Understanding)

Work on Your Self [9:54 mins.] [Maureen T. Holland] Holland Discusses Holistic Lawyering
[8:07 mins.] Additional segments of the "Work on Your Self" interview: Pt 1 [9:42 mins.] Pt2 [7:39 mins.]

Who Am I?
[9:57 mins.] [Susan Daicoff, law professor, author of Lawyer Know Thyself]

Reference (Joseph Campbell)

Joseph Campbell on the Self and the Ego
[0:38 mins.]


Human Being Over Intellect
[2:51 mins.]

Myth As the Mirror for the Ego
[4:22 mins.]

On Following Your Bliss
[6:52 mins.] [Joseph Campbell's commentary on following your bliss is an interesting follow-up to Abraham Maslow's concept of self-actualization]

On Becoming an Adult
[5:39 mins.]

Tricksters and the Disordering Principle and the Dynamic of Life
[2:21 mins.]

Mythology of the Trickster
[4:52 mins.] [commentary on the trickster as a mythological figure; as we might consider the lawyer as trickster]

Joseph Campbell on the Hero's Journey
[4:94 mins.]

Reference (C.G. Jung)

Jung on Understanding Ourselves
[4:31 mins.] [for in-class viewing, first 0:28 secs. of the video]

Jung and Our Complexes
[4:16 mins.] [James Hollis] [Hollis is a Jungian analyst and author] [For a class assignment on the Jungian approach to complexes, see: Complexes]

Carl G Jung Theory: What is the Self?
[5:31 mins.] [Manuel Costa, a psychotherapist, San Jose, California]

Jung on Understanding Yourself
[45:57 mins.]

Jungian/Zen Approach to the Self
[1:58 mins.] [Genpo Merzel]

Reference (Understanding Ourselves)

Nietzsche and Psychology: How To Become Who You Are
[14:38 mins.] [Academy of Ideas]

Self Awareness
[3:50 mins.] [animation]

How Reflection Informs Personal Growth
[2:07 mins.] [Courtney Spence]

What is Mentalizing & Why Do It
[10:59 mins.] [Jon G. Allen]

The Self Illusion: How Your Brain Creates You
[28:41 mins.] [Bruce Hood]

What Makes You, You?
[11:40 mins.] [Julian Baggini]

Our Inner Selves
[9:31 mins.] [Hal Stone]

Know Thyself
[4:38 mins.] [Professor Mitchell Green, describing a philosophy course being offered
at the University of Virginia] [reference to the "adaptive unconscious"] [Lecture 1] [Lecture 1-2]

The Examined Life
[13:31 mins.] [Cornel West looking at the "examined life" from a philosophical perspective]

Self-Concept
[6:32 mins.]

Self Image
[6:24 mins.] [Sheldon Solomon] Pt2 [9:56 mins.] Pt3 [7:10 mins.] Pt4 [2:55 mins.]

Who Do You Think You Are?
[13:21] [Richard Sennett drawing on the work of Erik Erickson]
Pt2 [10:26 mins.]

The Plight of Men
[1:03 mins.] [James Hollis]

Kathleen Speeth: The Psychodynamics of Liberation
[9:43 mins.] [Kathleen Speeth is a transpersonal psychologist]

Developing Self-Awareness
[38:55 mins.] [Raymond Raad]

Self-Awareness
[1:00:40 mins.] [Peter Russell]

Stanislav Grof: Adventure of Self-Discovery
[4:59 mins.]

What One Can Learn About Themselves From Artists
[8:00 mins.]

Cognitive Behavioral Tools
[26:30 mins.] [Dr. LuAnn Helms, Utah State University's Counseling and Psychological Services]

The Capes We Hide Within
[17:11 mins.] [TED Talk]

The Importance of Self-Awareness
[12:29 mins.] [Valon Murtezaj] [TED Talk]

The Myth of Self-Discovery
[8:18 mins.] [TED Talk; a Ph.D. student in psychology]

Systematic Biases in Understanding Ourselves and Others
[9:34 mins.] [Weylin Sternglanz] [TED Talk]

Self-Reflection for Conflict Professionals
[15:14 mins.] ["Your inner life is a powerful tool . . ."] [Gary Friedman, et.al.]

Self Confidence
[24:12 mins.] [Alain de Botton]

Developing Self Awareness
[3:35 mins.]

Movie: A Leader's Process of Self-awareness and Reflection
[3:40 mins.]

Susan Blackmore:: How is Personal Identity Maintained?
[7:25 mins.] The Self Illusion [23:27 mins.]

Social World and Self-Understanding

Claiming your Identity by Understanding your Self-worth
[16:04 mins.] [Judge Helen Whitener] [TED Talk] [commenting on the social codes that define us]

Reference (John Searle)

How Do Persons Maintain Their Identity?
[12:30 mins.] [a philosophical perspective] [reference to C.G. Jung]

Can a Person Be a Soul?
[9:57 mins.]

Reference (Understanding Ourselves) (Articles)

Awareness of Self: A Critical Tool
Esther Urdang, 29 Soc. Work Educ. 523 (2010)

It All Begins With You: Improving Law School Learning Through Professiona Self-Awareness
Filippa Marullo Anzalone, 24 Hamline L. Rev. 324 (2001)

The Lawyer's Aware Use of the Human Skills Associated with the Perceptive Self
Beryl Blaustone, 15 J. Legal Porf. 241 (1990)

Multicultural Lawyering: Teaching Psychology to Develop Cultural Self-Awarenss
Carwina Weng, 11 Clinical L. Rev. 401 (2005)

Interpersonal Dynamics: Helping Lawyers Learn the Skills, and the Importance, of Human Relations in the Practice of Law
Joshua D. Rosenberg, 58 U. Miami L. Rev. 1225 (2004)

Reference (Understanding Ourselves) (Book)

Susan Daicoff, Lawyer, Know Thyself: A Psychological Analysis of Personality Strengths and Weaknesses (Washington, D.C.: American Psychological Association, 2004)

Understanding Ourselves (Web Resources)

(Self) Knowledge is Power: Reinforcing the Ethics of Lawyering
Adrian Evans, Monash University

 



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