The Unconscious Calculus of Justice: Racial Bias in Legal Outcomes

The Unconscious Calculus of Justice: Racial Bias in Legal Outcomes

This episode of “A Psychoanalytic Perspective on Racism in America” takes a deep dive into the disturbing legal outcomes of state-sanctioned violence. The host and co-host, Dr. Karyne Messina and Dr. Felecia Powell-Williams, analyze the Department of Justice's sentencing recommendation for Brett Hankison, one of the officers involved in the raid that led to Breonna Taylor's death. The episode uses this case as a springboard to explore the central question: what unconscious processes are at work when the state acknowledges harm but refuses to assign it meaningful consequence? And how does this shape the racial psyche of a nation already strained by the traumatic repetition of Black death without accountability? The episode begins by examining the DOJ’s sentencing memo for Brett Hankison, who was convicted of federal civil rights violations for blindly firing his weapon. Drs. Messina and Powell-Williams note that while Hankison was not found directly responsible for Taylor's death, his actions contributed to a chaotic and dangerous situation. The DOJ's recommendation for leniency—framed around Hankison’s expressed remorse and mental health struggles—is presented not as a gesture of compassion but as a powerful act of disavowal. In psychoanalytic terms, this is a mechanism of simultaneously knowing and not knowing: the state admits a legal wrongdoing but emotionally withdraws from its moral and human significance. This defense is a way for institutions to maintain a sense of "white institutional innocence" by trivializing the consequences of their actions and deflecting from the deeper, systemic issues of race and historical violence. Drawing on historical analysis, the podcast then places this legal outcome within a larger pattern of Black death as public spectacle and white remorse as resolution. The hosts argue that these ritualized performances of remorse—appeals to "good intentions" and vague promises of reform—are ways to reassert order and preserve the racial status quo. They use Saidiya Hartman's concept that "innocence is the condition of whiteness" to explain how the justice system often re-centers the perpetrator's psychological state and suffering over the victim's. This reversal, where the officer is subtly pitied and the Black woman's life becomes incidental, is a key dynamic of this historical pattern. To further illustrate this psychic phenomenon, the episode sets up a comparative case study between the killing of Breonna Taylor, a Black woman killed by white officers, and the death of Justine Ruszczyk Damond, a white woman killed by a Black officer. The hosts detail the background, outcomes, and sentences in each case to illuminate the differential application of justice and the underlying psychic valuations of human life based on race in America. This comparison serves to highlight how the justice system's response is often a traumatic reenactment of historical patterns rather than a genuine move toward accountability and repair. The episode also introduces the Freudian concept of the return of the repressed, arguing that the persistence of Breonna Taylor’s name in cultural discourse—in art, protests, and community rituals—is a refusal to allow her death to be buried. These acts of symbolic resistance, or counter-memory as defined by Foucault, challenge the official narrative and insist on a different kind of justice. This alternative model of justice, the hosts conclude, requires not just legal process, but a willingness to bear witness to suffering and engage in the emotional labor and truth-telling that are necessary for genuine collective repair. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

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Patricia Gherovici and Manya Steinkoler, eds., “Lacan on Madness: Madness, Yes You Can’t” (Routledge, 2015)

Patricia Gherovici and Manya Steinkoler, eds., “Lacan on Madness: Madness, Yes You Can’t” (Routledge, 2015)

Patricia Gherovici and Manya Steinkoler reminded me of something very important and unsettling: I have a brush with madness every night. Most of us do – when we dream. Or fall in love; or write poetry; or free-associate. Madness resides within all speaking beings and erupts in the most ordinary activities. In fact, ordinariness, rationality, and normalcy can be the most maddening phenomena of all. In editing Lacan on Madness: Madness, Yes You Can’t (Routledge, 2015) Gherovici and Steinkoler consciously employ the non-nosological, capacious — one might even say literary – term “madness” to resist normative and abjecting approaches to the insane and think in novel and flexible ways about both psychosis and neurosis. Eschewing diagnostic categories like bipolar disorder and schizophrenia, the editors embrace “madness” precisely because it exceeds the DSM and the clinic, does not lend itself easily to medication, and inspires controversy and innovative reflection. The volume brings together eighteen impressive Lacanian theorists and analysts and invites them to ponder encounters with madness in the clinical setting and in the everyday. Several offer fresh perspectives on the category of psychosis – “ordinary,” atypical, melancholic, and otherwise; a few allow madness to elicit new technique and modes of listening in the clinical setting; others focus on madness in contemporary culture.Some of the most daring chapters describe and interpret the creative ways authors, both famous and unknown, stave off madness or convert it into art. While maintaining that we cannot choose to go crazy, most authors insist that we can direct madness to productive ends. The volume asks difficult questions. Is madness dire oppression or radical freedom? The abyss or the pinnacle of subjectivity? Darkness or the repository of truth and knowledge?Both in print and in this interview, the contributors and editors of Lacan on Madness provide varied, paradoxical, and inspiring answers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

20 Juni 20151h 1min

Emily Kuriloff, “Contemporary Psychoanalysis and the Third Reich” (Routledge, 2013)

Emily Kuriloff, “Contemporary Psychoanalysis and the Third Reich” (Routledge, 2013)

In her new book, Contemporary Psychoanalysis and the Third Reich: History, Memory, Tradition (Routledge, 2013), Emily Kuriloff details a dimension of psychoanalytic history that has never been so extensively documented: The impact of the Shoah on the not only the psychoanalysts who were directly involved, but also the aftershocks to later generations of analysts and the effect on theoretical developments on the field. Utilizing scholarly research, personal interviews and first-person accounts, Kuriloff contends in our interview that the events that analysts lived through in the years leading up to, and through World War II, led them to disavow the effects of trauma on their work. It has only been more recently, when later generations have reconsidered these events, and with the emergence of the relational paradigm, that analysts have been able to integrate concepts of trauma and dissociation into their analytic lives. Her book is essential reading not only for psychoanalysts and students of history but for anyone interested in the continuing aftershocks of the Holocaust. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

2 Juni 201552min

Michelle Ann Stephens, “Skin Acts: Race, Psychoanalysis and the Black Male Performer” (Duke UP, 2014)

Michelle Ann Stephens, “Skin Acts: Race, Psychoanalysis and the Black Male Performer” (Duke UP, 2014)

Why would Bert Williams, famous African-American vaudeville performer of the early twentieth century, feel it necessary to apply burnt cork blackface make-up to his already dark skin, in order to emphasize “blackness”? According to Michelle Ann Stephens, this was one question about the space between realness, race, and performance that led her to write Skin Acts: Race, Psychoanalysis and the Black Male Performer (Duke University Press, 2014). Stephens investigates the history of the concept of the skin, especially in relation to the notion of the flesh, and how they are both re-written by colonialization, and the idea of racial difference. Stephens turns to the work of four iconic black male stars whose careers span the twentieth century–including Bert Williams, Paul Robeson, Harry Belafonte  and Bob Marley–and explores the dynamic between the gaze, representation and technology, and how these performers challenged notions of race, sexuality, and skin/flesh in the act of performing. Stephens uses psychoanalytic theory to understand the role of the viewer and the viewed and how the gaze operates as a racial and racializing object. Calling on the work of cultural theorists, Merleau-Ponty, Fanon, Lacan, Jessica Benjamin, and Sylvia Winter among so many others, Stephens takes the reader along on a bold new attempt to relate psychoanalysis, race, and gender identity in fresh, optimistic, and clinically promising ways. Michelle Stephens teaches in the Departments of English and Latino and Hispanic Caribbean Studies at Rutgers University, New Brunswick. Originally from Jamaica, West Indies, she graduated from Yale University with a Ph.D. in American Studies and teaches courses in African American, American, Caribbean and Black Diaspora Literature and Culture. She is the author of Black Empire: The Masculine Global Imaginary of Caribbean Intellectuals in the United States, 1914 to 1962 (Duke University Press, 2005).She is currently in training at the The William Alanson White Institute of Psychiatry, Psychoanalysis and Psychology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

28 Maj 201555min

Frank Summers, “The Psychoanalytic Vision” (Routledge, 2013)

Frank Summers, “The Psychoanalytic Vision” (Routledge, 2013)

In The Psychoanalytic Vision: The Experiencing Subject, Transcendence, and the Therapeutic Process (Routledge, 2013), Frank Summers has written a wholly original work of theory, technique and cultural critique. Privileging terms not often used in psychoanalytic writing, among them romanticism, transcendence and futurity, Summers documents an as yet undocumented shift in the field. In an effort to buttress the standing of psychoanalysis as a science, psychoanalysts previously attempted to delineate certain laws pertaining to the psyche, ranging from the Oedipus complex to notions of the self; now, according to Summers, the majority of analysts attend primarily to the experience of their patients. As such, psychoanalysis has become a “science of the subjective.” Critiquing the field for reifying concepts like “the unconscious” and for perhaps unwittingly playing along with a culture that maximally commodifies humanity, Summers suggests we position psychoanalysis on the perimeter of the American mainstream. “Any view of analysis that presupposes a norm,” he writes, “may justifiably be labeled wild analysis, irrespective of theoretical content.” In fact he cogently argues that there may be a new divide among analysts that has nothing to do with metapsychology but rather more to do with technique. The new “classical” analyst applies theory to their clinical work deductively, using the patient to prove a theory right rather than exploring with the patient what constitutes their sense of things. Influenced by Loewald, Benjamin, Stern, Heidegger, Husserl and Winnicott, among others, Summers has nevertheless developed his own clinical metier. When he turns his trenchant eye to the culture and the impact of new technologies upon us, one shivers with recognition. It is high time that psychoanalysts begin to take on the culture industry, assessing its powerful impact on what it means to be human. In this interview Summers does this and more. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

13 Apr 20151h 2min

Jean Petrucelli, “Body-States” (Routledge, 2014)

Jean Petrucelli, “Body-States” (Routledge, 2014)

Responding to a significant lacuna in psychoanalytic literature, Jean Petrucelli has put together an impressive book that approaches the eating-disordered patient from interpersonal and relational perspectives. Just as the papers within Body States:Interpersonal and Relational Perspectives on the Treatment of Eating Disorders (Routledge, 2014)animate the twin themes of dissociation and integration, so too do the authors illustrate how these forces shape interpersonal relationships, body-states, self-states, as well as, ultimately, the ability to functionally shift between selves. One may well agree with Philip Bromberg when he remarks in his Foreword, “Do not be fooled by the format. It is the groundbreaking perspective of Dr. Petrucelli that inspires each chapter, and my use of the word groundbreaking should not be taken lightly.” Indeed, the undeniable coherence of this volume springs from each writer’s affirmation of and convincing argument for the ability of interpersonal and relational analysis to uniquely – and perhaps best – treat eating-disordered patients in an integrative fashion. Such is the groundbreaking thesis Dr. Petrucelli presents in Body-States and discusses at length in her interview. Bringing together myriad voices, Dr. Petrucelli manages to strike a harmonious but nonetheless sophisticated cord while adding her own voice to the mix. Beginning with a description of the psychoanalytic climate of the 1990s, she goes on to explain how she and others had to fight in order to convince the psychoanalytic establishment to consider eating-disorders seriously. Dr. Petrucelli then examines the notion of “participant-observer” and argues that eating-disordered patients find it especially difficult to exist in the spaces between being the subject-who-desires and the object-who-is/isn’t-desired. Thoughout the course of our conversation, she addresses not only the aforementioned points but many more, including the origins of eating-disorders as well as the role culture may play in transmitting body-states from mother to daughter. In fact, near the close of this interview, the author expertly handles the question of what sort of wellness can women achieve living in an ill society (where aggressive systems of sexual/body-based objectification pervade)? Dealing with big questions, Dr. Petrucelli provides answers well worth savoring. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

1 Apr 201556min

Susan Kavaler-Adler, “Anatomy of Regret” (Karnac, 2013)

Susan Kavaler-Adler, “Anatomy of Regret” (Karnac, 2013)

The metaphorical construction of Susan Kavaler-Adler‘s Anatomy of Regret: From Death Instinct to Reparation and Symbolization through Vivid Clinical Cases (Karnac, 2013)evokes the complexities that have wrought psychoanalysis since its beginning of talking about the mind in the language of the body.As it subtitle tells us, the anatomy of this book is structured by the case study. If there is something that informs Alder’s approach to understanding psychoanalysis and how she intervenes in the psychoanalytic encounter, its that where theory fails, the body succeeds. Regret, for Kavaler-Adler, is a bodily experience that orients us in some way to the unconscious consequences of our relationships – of the actions of other bodies in our lives. In telling the stories of these case studies, Kavaler-Adler performs a kind of surgical suturing of theory along the sinews of loss – the scars left at the site of the aggression of the other. She begins with the important insight that something was at stake in Freud’s theory of mourning and melancholia – something that had to do with the aggressive ties that bind the self to the other and the impossibility of distinguishing the two but leaves Freud here, his theory having already become arrested in the language of the body and the physical laws a theory of the drive drive must adhere to. In her thinking, Kavaler-Adler stitches Freud to the British psychoanalytic thinker Melanie Klein (and to Object Relation theorists after her) who situates mourning in a developmental context. In doing so, she stiches boundary of the anatomical to the symbolic, through the language of her cases. The Anatomy of Regret serves to articulate an affect theory that is uniquely its own, but for those new to psychoanalysis, or those who want a new way of thinking of psychoanalysis, informs about the theory it draws from in a meaningful way. Dr. Susan Kavaler Adler is a psychoanalyst in private practice and the founder of the Object Relations Institute for Psychotherapy and Psychoanalysis. She holds a Ph.D. in Clinical Psychology and an ABBP for Diplomat status from the American Professional Board of Psychology and the Division of Psychoanalysis. For her work analyzing the language of mourning, loss, and regret, through bodily language, in the work of iconic women writers, Dr. Kavaler-Adler was awarded an honorary doctorate of literature. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

17 Mars 20151h

Paul Geltner, “Emotional Communication: Countertransference Analysis and the Use of Feeling in Psychoanalytic Technique” (Routledge 2013)

Paul Geltner, “Emotional Communication: Countertransference Analysis and the Use of Feeling in Psychoanalytic Technique” (Routledge 2013)

With Emotional Communication: Countertransference Analysis and the Use of Feeling in Psychoanalytic Technique (Routledge, 2013), Paul Geltner has written the definitive textbook on countertransference. No book, to my knowledge comes even close to this accomplishment. Most analysts are taught that countertransferences are the idiosyncratic feelings of the analyst. Geltner begins with the radical assumption that all of the analyst’s feelings should be considered inductions by the patient until proven otherwise. Geltner describes the many ways in which emotional communications can be induced and expands concept of countertransference into discrete observable categories with clinically useful examples. In this interview, Dr. Geltner discusses the Modern Psychoanalytic underpinnings of his thinking about emotional communications, the field founded by Hyman Spotnitz. He describes the different types of countertransference and how understanding what the patient is inducing in the analyst is a main focus of the Modern Psychoanalytic technique. Working beyond interpretations that a based in language, Geltner describes how the Modern Psychoanalytic theory of cure includes not only words, but also the analyst’s use of emotional communication to meet the patient’s unmet maturational needs. Dr. Geltner is in private practice in New York City, working with individuals and couples. He specializes in individual and group supervision with psychoanalysts and psychoanalytic psychotherapists. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

6 Mars 201554min

Lynn Chancer and John Andrews, “The Unhappy Divorce of Sociology and Psychoanalysis” (Palgrave MacMillan, 2014)

Lynn Chancer and John Andrews, “The Unhappy Divorce of Sociology and Psychoanalysis” (Palgrave MacMillan, 2014)

The Unhappy Divorce of Sociology and Psychoanalysis: Diverse Perspectives on the Psychosocial (Palgrave MacMillan, 2014)is an edited volume. Its chapters document the central place of psychoanalysis in American sociology in the 1950s and sketch the backstory to that relationship. The core chapters expose the campaign waged by leading sociologists to discredit psychoanalysis as they sought legitimacy for the discipline through the adoption of positivist research paradigms. Some of that story is told through biographical and autobiographical accounts. The co-editors are among the authors of the book’s 18 chapters as are Neil Smelser, Nancy Chodorow, George Steinmetz, and Jeffrey Prager. In this interview, the volume’s editors, Lynn Chancer andJohn Andrews, respond to questions about the political climate surrounding “the divorce” and add their reflections on the standing of psychoanalysis in sociology in the early years of the 21st century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

12 Feb 201551min

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