THE PROBLEM OF LAY-ANALYSES

I

It appears to me that the title of this treatise may require an

explanation. Let me, therefore, state that the problem of Lay-Analyses

expresses itself most succinctly in the question of whether medically

untrained laymen should be permitted to practise psychoanalysis.

This problem, timely in general, is subject to national laws.

It is a timely question, in so far as, up to now, apparently nobody ever

cared who was practising psychoanalysis. As a matter of fact, too little

attention was paid to the question into whose hands the employment of

this new science was entrusted, with unanimity prevailing only in

reference to a more or less strong tendency to wish that nobody at all

should practise psychoanalysis. There were different reasons for this

well-nigh general aversion.

The demand, then, now put before the legislatures of certain countries,

that only physicians be permitted to apply psychoanalysis proves that,

after all, a new, and apparently more tolerant opinion is becoming

prevalent, as regards the recognition of our science. This new trend of

putting the stamp of official and scientific approval on psychoanalysis,

by reserving the monopoly of its application to medically trained men,

must, however, first successfully clear itself of any and all suspicion

of being nothing other than just a modification of the resistance

hitherto shown towards psychoanalysis. Today, at last, it is admitted

that, under certain circumstances, psychoanalytical treatment is in

order. However, if it is to be applied, certain countries stand ready to

impose the restriction that licensed physicians only shall be permitted

to administer this treatment.

The problem before us right now, then, is why only physicians should be

permitted to practise psychoanalysis. This is a problem subject to

national laws. In the United States and Germany, for example, this

problem does not amount to more than just an academic discussion,

because in these countries a patient may receive treatment from anybody

he chooses. In these countries, anybody who feels the inclination may

treat, as a “quack” to be sure, “cases,” provided he stands ready to

assume full responsibility for the effect of his treatment. Not before

the authorities are actually appealed to to retaliate for such tangible

harm as a patient may have suffered from the hands of an unlicensed

practitioner of psychoanalysis, does the law interfere in the United

States, Germany and many other countries.

In Austria, however, where I am writing this treatise, bearing in mind

the special conditions which prevail there, in regard to the

administration of psychoanalytical treatment, the authorities employ the

law of the country as a preventive. In my country, without considering

ultimate results, the law, in sweeping restrictions, enjoins all and

sundry laymen from treating ailing people.

In the Republic of Austria, therefore, there is a very practical aspect

to the question of whether laymen should be permitted to treat ailing

people with psychoanalysis. As a matter of fact, under present

conditions, this question seems to be settled since it is already

answered by the wording of the law, now appearing on the statutes of my

country: Nervous people are unquestionably sick people; laymen are

doubtlessly no licensed physicians; psychoanalysis is a remedy for the

healing, or improvement, of nervous disorders. As in the eyes of the

law, the latter are considered diseases and the treatment of all such

ailments reserved for licensed physicians exclusively, laymen are liable

to severe punishment when employing psychoanalysis for the treatment of

nervous people.

In view of this plain state of affairs, one scarcely dares to approach

the question of permitting the laity to practise psychoanalysis in

Austria. However, in spite of the obviousness of the situation as a

whole, there are some additional aspects to the question which, albeit

the law does not take cognisance of them, should nevertheless be

considered.

It may develop that in connection with psychoanalysis, people in need of

treatment are not sick people, in the broad meaning of this term; laymen

not always to be considered laymen, nor physicians what physicians are

generally supposed to be—the very premise upon which these physicians

base their claims. If such a state of affairs becomes apparent, it would

be justifiable to insist upon a modification of the law, prohibiting the

unlicensed practise of medicine, as far as the application of

psychoanalytic treatment is concerned.

The problem of lay-analyses · 第 10 / 23 题