Font Size: a A A

The Themis principle: Mystery and irrationality in the United States legal system

Posted on:2004-10-27Degree:Ph.DType:Dissertation
University:Pacifica Graduate InstituteCandidate:Bailes, Katherine JFull Text:PDF
GTID:1466390011472718Subject:Law
Abstract/Summary:
The U.S. legal system is built on the premise that the rational use of reason is superior to any other approach to truth. If this notion is engendered by fear, lack of awareness, and/or prejudicial repression of any other approach, it is usually due to ignorance of other approaches. Engaging the language of myth to uncover systematically what is hidden dispels ignorance until it becomes apparent that legal rationality arises out of the same source as irrationality. In addition, a feminist approach to such an examination reveals that the U.S. legal system is based on a male model, which excludes women and projects weakness and negative emotions onto female lawyers. By raising awareness of the value of characteristics traditionally deemed irrational, the projection of these characteristics can be withdrawn and identified as nongendered but feminine.; Mythopoetic examination of the goddesses of law from ancient societies and the myths associated with them exposes archetypal characteristics that are hidden within the U.S. legal system. For instance, Themis was the Titan goddess of Social Order in the Greek civilization. A study of her characteristics, such as intuitive communication through the Oracle, reveals a feminine principle of law that survives the changes in any social structure. Inanna was the Goddess of Heaven and Earth in the Sumerian civilization, holder of the me , universal rules and limits observed by gods and humans alike. A study of The Descent of Inanna reveals the value that Sumerian society placed on the initiation mysteries of descent and disintegration, translated into union of the “I” with the “Self.” The lawyer, who embarks on a metaphorically similar journey, might locate the source of rational and irrational power that informs the legal system. Finally, Athena was the Goddess of Wisdom and Justice. She seemed to support a male model of civilization. Yet, the actions of this goddess reveal that she honored the archaic feminine and utilized irrational creative energy to raise the judicious operation of such civilization to the next level. She gives credence to the idea that parallel approaches can be taken by lawyers in search of truth.
Keywords/Search Tags:Legal system, Irrational
Related items