Abstract

LINGUA, María Milagros; SMITH MIRANDA, Elisana  and  DUERO, Dante Gabriel. Philosophical basis, discourse and narratives: the use of psychopathological psychological and psychiatric concepts, in the criminal law. CES Psicol [online]. 2012, vol.5, n.2, pp.1-24. ISSN 2011-3080.

The aim of this research has been to identify and analyze the philosophical basis of the diagnosis in legal cases where psychological appraisal is needed. We have designed a narrative analysis instrument that has been applied to one legal case of murder. In the analysis, qualitative analysis software Atlas Ti was used. In the narrative analysis it was taken into account the elements that were used in the psychological and psychiatric reports and the case reconstruction. Additionally, some key elements for the reconstruction of the cases used by lawyers were analyzed. As a result of this research, philosophical basic concepts were identified as well as discursive and narrative strategies that are implemented in a space where law, psychology and psychiatry relate. Also, it was attempted to evidence how the psychopathological discourse appeals to the forensic and legal field to categories belonging to different logical discursive order, such as the personal and the sub personal levels.

Keywords : Psychopathological Diagnosis; Discourse; Narrative; Violent Emotions; Criminal Responsibility; Criminal Law.

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