Sunday, September 29, 2024

A Fairbairnian Perspective

 A Structural Analysis of the Obsessional Character: A Fairbairnian Perspective

( William Ronald Dodds Fairbairn (/ˈfɛərbɛərn/) FRSE ~ Fellowship of the Royal Society of Edinburgh is an award granted to individuals that the Royal Society of Edinburgh, Scotland judges to be "eminently distinguished in their subject". (born 11 August 1889 – died 31 December 1964) was a Scottish psychiatrist, psychoanalyst and a central figure in the development of the Object Relations Theory of psychoanalysis. He was generally known and referred to as "W. Ronald D. Fairbairn". )

Abstract

This paper reviews the object relations model of W.R.D. Fairbairn and applies it to the understanding of the obsessional personality. Fairbairn's model sees attachment to good objects as the immutable component of normal development. Parental failures are seen as intolerable to the child and trigger the splitting defense that isolates (via repression) the frustrating aspects of the object along with the part of the child's ego that relates only to that part-object. This fundamental defense protects the child from the knowledge that he is dependent on indifferent objects and preserves his attachment. The split-off part-self and part-object structures are too disruptive to remain conscious, yet despite being repressed make themselves known through repetition compulsions and transference. The specific characteristics of families that produce obsessional children impact the child's developing ego structures in similar ways. This style of developmental history creates predictable self and object configurations in the inner world, which then translate via repetition compulsion into obsessional behavior in adulthood.

Fairbairn left the field of psychoanalysis a powerful but unfinished model that has been regarded as an exercise in theorizing rather than as a practical analytic tool suited to diagnosis and treatment of major disorders (Celani, 1993). In reality, his model speaks directly to the most passionate and universal human conflicts: the lifelong search for nurturance by individuals with unmet dependency needs; the dashed hope for love by those who repeatedly choose bad objects; the vengeful reactions of need-driven adults when their demands are rejected; and the self-destructive, sometimes fatal attachments of battered women to partners who are harmful to them (Celani, 1993, 1994, 1998, 1999, 2005). Fairbairn's model is underused because he left it incomplete and gave few directions to his readers regarding therapeutic technique and none on the application of his structural theory to diagnostic groups (Celani, 2001). Although Fairbairn's model is applicable to other character disorders, with each specific disorder having different relational patterns between subegos and internalized objects. This paper aims to extend the application of Fairbairn's structural model to the obsessional character with the goal of integrating his model with established psychoanalytic knowledge of this character type. Fairbairn's structural model should be able to provide a clearly reasoned analysis of the linkage between specific childhood events and the development of internal structures that are unique to this specific diagnostic group, structures which then perpetuate, via repetition compulsion, typically in adulthood obsessional pathology.


FAIRBAIRN'S STRUCTURAL MODEL

Fairbairn's structural model begins with an innocent and legitimately needy infant, in contrast to the Freudian demonic infant (Grotstein and Rindsley, 1994), who is born with a unified, though underdeveloped ego, into a family who, either through malice, incompetence, indifference, or absence, fails to meet his pressing developmental needs. The child faces an impossible dilemma of being unconditionally emotionally dependent upon objects that he has little or no power to influence and which do not satisfy his overwhelming developmental needs. Fairbairn's theory is a psychic metaphor built on a series of complex relationships between three hypothetical ego structures of the self and three object structures that are gradually built in the internal world from actual memories of the objects. These ego structures are organized, first and foremost, to protect and in some cases create an illusory sense of attachment to his objects. Attachment to an object is essential in his model as without it the child is unable to manage his crushing terror of abandonment, which if not kept in abeyance, would collapse his entire ego structure.


The child's first response to emotional deprivation is to fixate on the rejecting object because the lack of developmental support stops all progress toward higher forms of maturity. In children with chronically depriving parents, the intense focus on the object is motivated by pressure from both current and past unmet needs. Fairbairn used the concept “schizoid” to mean all individuals who have splits in their ego structure:

If we look still further into the sources of that sense of difference from others which characterizes the schizoid element in their personality, we find evidence of the following among other features: (¹) that early in life they gained the conviction, whether through apparent indifference or through apparent possessiveness on the part of their mother, that their mother did not really love and value them as persons in their own right; (²) that, influenced by a resultant sense of deprivation and inferiority, they remained profoundly fixated upon their mother. (1940, p. 23)

Thus, in Fairbairn's model it is the lack of emotional support that retards the child's development and, as a consequence, he remains intensely fixated on his needed object, waiting for the required emotional supplies. This fixation on the neglectful object causes the child to lose out on essential developmental experiences that are available to his peers who are blessed with nurturing parents, thus causing him to drop developmentally behind similarly aged children. Over time, early unmet needs accrue and increase the pressure on the child for emotional support, which further intensifies his fixation on the depriving object.


Fairbairn assumed that one of the early ways that the child attempts to stay attached to the rejecting objects is to internalize them because containing them internally gives him access to the objects when they are unavailable in reality. He also recognized the counterintuitive consequence of deprivation of the child's legitimate needs: a greater and more desperate attachment to the depriving object compared to children with good (developmentally supportive) objects.

The child not only internalizes his bad objects because they force themselves upon him and he seeks to control them, but also, and above all because he needs them …. Even if they neglect him, he cannot reject them; for, if they neglect him, his need for them is increased. (Fairbairn, 1952c, p. 67) 

Internalization of the neglectful objects switches the deprived child's focus away from the unmanageable external world and toward his inner world. Unlike the outer world, the child's inner world gives him access to the (in reality) missing objects, which provide him with a sense of control and allows him to partially ignore the frustrating, enraging chaos of his family life. This intense focus on the inner world was one of the components of Fairbairn's definition of the “Schizoid” condition (1952a, p. 6). His poor choice of the term schizoid, which already had a separate and conflicting diagnostic meaning, and which served as an unnecessary supra category under which all other disorders were subsumed, added confusion to his model (Celani, 2001).

Once the bad objects are internalized, the child's psychological development is further hindered as his focus remains on the inner world that increasingly becomes a closed system (given the continuously frustrating experiences in his external reality). Over time, the excessive focus on the inner world reduces the possibility of new objects having a positive impact as external objects are reacted to as if they match the internalized templates. This focus on the inner world and its internalized objects are the engine behind both repetition compulsion and transferences.


Once the bad object is internalized, it poses a new threat to the developing personality of the child because of the presence of malice, hate, or memories of neglect that accompany the object into his inner world, as Fairbairn (1952d) noted in the following quote:

The trouble is that it remains bad after it has been internalized, i.e. it remains unsatisfying …. Unlike the satisfying object, the unsatisfying object has, so to speak, two facets. On the one hand, it frustrates; and, on the other hand, it tempts and allures. Indeed its essential “badness” consists precisely in the fact that it combines allurement with frustration …. In his attempts to control the unsatisfying object, he has introduced into the inner economy of his mind an object which not only continues to frustrate his need, but also continues to whet it. (p. 111)

The only solution available to the child who internalized bad objects is built into the human personality, which is to maintain the primitive tendency to split objects into two affectively opposite part-objects long after integration of the good and bad part-objects should have taken place. This powerful defensive strategy is based on the reality that the child can do nothing to change his outer world; all he can do is modify the structure of his inner world so as to preserve and fortify his essential attachment to his needed objects. Splitting is transformed from a normal, albeit very early way of experiencing the world into a powerful defense mechanism when it operates past the developmental point when normal children are able to integrate the positive and negative aspects of their objects. Splitting allows the child to continue his attachment to the (mostly) rejecting object by repressing the memories of the hundreds of negative interactions, which if they were in full awareness, would destroy his essential bond to the object. This structural defense becomes increasingly pathological over time when developmental pressure toward integration of the good and bad parts of the same object has to be continuously thwarted, again, because conscious awareness of the sheer amount of parental rejection would be intolerable.

The act of splitting the toxic internalized object into its two essential components: the rejecting part-object (thus frustrating) and exciting part-object (also frustrating because of unfulfilled promise) also splits the child's two associated senses of self that relate to the separate aspects of the two part-objects. Fairbairn termed the self that relates exclusively to the internalized rejecting object the antilibidinal ego, while the separate part-self that relates to the exciting object was called the libidinal ego. Fairbairn's structural model breaks with Freud's theory of repression in that he assumed that what is repressed are actual memories of the child in relation to a frightening, depriving, or intolerably teasing object, “I now venture to formulate the view that what are primarily repressed are neither intolerably guilty impulses nor intolerably unpleasant memories, but intolerably bad internalized objects” (1952b, p. 62). Thus, in Fairbairn's view, the human unconscious contains early memories of frustration at the hands of his objects, and these part-self and part-object relationships are too important to forget (because they are gradually organized into self and object structures) but too disruptive and threatening to the ongoing relationship with the object to remain in awareness.

The internalized rejecting object is gradually formed from actual memories of events when the parent behaved in a frustrating, abusive or negligent manner, and it is ineluctably associated with the child's antilibidinal ego that relates only to that part-object. The antilibidinal ego is the part-self of the child that faces the rejecting object and is fearful of abandonment, self and object hating, and is suffused with a sense of self-righteous revenge. The rejecting object and the associated antilibidinal ego become one pole of the internal world, while the opposite pole is comprised of the teasing, promising, and alluring aspect of the exciting object and its associated libidinal ego, which is filled with unrealistic hope for love. Fairbairn assumed that both part-self and part-object pairs had to remain in the unconscious because of the disruptive hostility on the one side and because of the intense frustration from the continuous unfulfilled promise of love on the other. The splitting defense protects the child from these two intolerable sources of frustration and allows him to remain attached to the ever more desperately needed object.

In many families the rejecting aspects of the object(s) are so powerful and the resulting frustration of legitimate developmental needs is so severe that the antilibidinal ego and its hostile relationship to the rejecting object becomes the largest part of the personality. Rubens (1984) has noted the importance of these negative and intense part-self and part-object relationships:

There exists, at the very structural foundation of these subsidiary selves, an attachment to some negative aspect of experience which is felt as vital to the definition of the self …. The raison d'etre of these endopsychic structures is to continue living out these “bad” relationships. (p. 434) [ raison d'etre ( noun) 1. a reason for living. 2.Reason for being. 3.The purpose that justifies a thing's existence.]

Thus, these “bad” relationships, which consume more time and are far more intense than the normal, developmentally supportive day-to-day experiences of the child, produce internal structures in the child's inner world that give meaning to the child's (and later the adult's) life. For example, an individual dominated by his antilibidinal ego may experience all authority figures as corrupt abusers of power, and his unconscious goal may be to expose them and seek public revenge. Conversely, an individual dominated by his libidinal ego may spend his life in pursuit of inappropriate objects for love and appreciation.

The “third” pair of self and object in the child's inner world is constructed from memories of the parental object(s) when they were appropriately emotionally supportive and gratifying. The appropriately gratifying and responsive parent was called the ideal object by Fairbairn (1952d), and the associated self was called the central ego. This cluster of memories is both conscious and unconscious as dramatically demonstrated by Greenson's (1978) example of the injured Air Force crewman who was grievously burned by hot aviation fuel, but who survived nonetheless. During his recovery in the hospital, he de-repressed his earliest memories of comfort from his mother who he did not consciously remember, in a language that he did not speak. This example suggests that memories from the ideal object are not always available to the central ego, but these early relational memories can form a substrate that is the unconscious basis for love, trust, and empathy for others. The majority of memories of the nurturing parent remain available to consciousness as they are formed later on and are welcomed in awareness. Even intolerably rejecting parents engage their children in supportive interactions on occasions, and thus there are usually enough events to create a small version of this internal structure: however, its size remains attenuated in many patients because there have been too few developmentally positive interactions with the ideal object to create a powerful and stable central ego.

Fairbairn, like Freud, used physical metaphors to illustrate actions in the inner world, and he saw various structures increasing in size while others decreased, as if there is a limited amount of territory they can occupy. Thus, in families in which the child's needs are severely frustrated, the abundant memories of conflict-laden interactions, or neglect engorge the child's antilibidinal ego, and the rejecting part-object will be similarly large, at the expense of the attenuated central ego, which is starving for interactions because the parent so infrequently gratifies the child's appropriate needs.

I have disagreed with Fairbairn's position that the two subegos (libidinal and antilibidinal) always remain repressed, as well as his assumption that the exciting object is intolerably teasing and alluring (Celani, 1993, 2001). Work with severely split borderlines allows the clinician to see patients in which the libidinal or antilibidinal ego sweeps away the central ego and becomes the dominant ego of the personality. For example, these subegos achieve a voice in patients who may, in the middle of a hostile tirade about the rejecting aspects of the object, become panicky about the possibility of loss of the (very same) object and suddenly reverse their position and declare their undying love and loyalty toward that individual. These extremes demonstrate that the central ego cannot remain dominant in the face of the powerful subegos, which temporarily become the conscious ego. The not infrequent scenario of the battered woman who returns to her abuser in a libidinal ego state, seemingly unaware of the recent physical abuse, demonstrates the fanaticism and primitiveness of the subegos when they dominate the individual's consciousness (Celani, 1995, 1998, 2005).

My second objection to Fairbairn's position is his assertion that the libidinal ego and its exciting object must be kept in repression because the anticipation of love from the exciting object is too frustrating to bear. In fact, many borderlines consciously depend on the alluring aspect of the object to keep themselves from despair and collapse by clinging to an illusory but comforting fantasy that love from the exciting object lies just around the corner (Celani, 1993, 1995). Armstrong-Perlman (1994) has also noted that psychological collapse often occurs after the dependent or borderline individual finally recognizes that they have lost the object, regardless of how rejecting it had been toward the patient.

Both the libidinal ego with its unrealistic hope and the antilibidinal ego with its endless resentment, cynicism, and desire for revenge are suffused with intense emotionality and create enormously strong attachments to the exciting/rejecting objects. As Mitchell (1988) has noted:

The superordinate need of the child is not for pleasure or need gratification, but for an intense relationship with another person. If only painful experiences are provided, the child does not give up and look for pleasurable experiences elsewhere, but seeks pain as a vehicle for the interaction with the significant other. It is the contact, not the pleasure that is primary …. Painful feelings, self-destructive relationships, self-sabotaging situations, are re-created throughout life as vehicles for the perpetuation of early ties to significant others. (p. 27)

Thus, current relational thinking assumes that attachments between the antilibidinal ego and the rejecting object depends on the intensity of contact, which can be as strong as attachments that have both libidinal and anti-libidinal components. Fairbairn also recognized that attachments through hostility could be as strong, as meaningful, and as treasured as any attachment through love; “The truth is that, however well the fact may be disguised, the individual is extremely reluctant to abandon his original hate, no less than his original need, of his original objects in childhood” (1952d, p. 117). Thus, in Fairbairn's metapsychology, attachments based on hostility can create powerful relationships that are maintained and recreated time and again.

Dependency on bad (rejecting and exciting) objects places the child in a very vulnerable position as his needs are chronically unmet, but he is in no position to complain as even worse conditions may result. Fairbairn recognized that direct aggression toward the increasingly needed parental objects would be improbable, if not completely impossible, as it simply is too dangerous for the child to strike back:

What he experiences is a sense of lack of love, and indeed emotional rejection on his mother's part. This being so, the expression of hate toward her as a rejecting object becomes in his eyes, a very dangerous procedure. On the one hand it is calculated to make her reject him all the more, and thus increase her “badness” and make her seem more real in her capacity as a bad object. On the other hand, it is calculated to make her love him less and thus to decrease her “goodness” and to seem less real (i.e. destroy her) in her capacity of good object. (1952d, pp. 112–113)

Thus, the remembered rejections in the child's antilibidinal ego must, by necessity, remain unexpressed, or indirectly expressed so as to avoid both retaliation and the loss of what little love is currently present in the relationship. Direct aggression in childhood is only possible when the child identifies with the rejecting object and finds victims who are unable to retaliate, such as younger children or animals.

Fairbairn's second level defense mechanism (due to the fact that it doesn't alter ego structure like splitting) that plays a major role in the obsessional personality was called “the moral defense against bad objects” (1943). Fairbairn noted that many of the abused and neglected children he examined, during the time he worked in an orphanage in Edinburgh (Sutherland, 1989), were very willing to condemn themselves as being bad, but conversely protected the goodness and virtue of their parents:

It becomes obvious, therefore, that the child would rather be bad himself than have bad objects: and accordingly we have some justification for surmising that one of his motives in becoming bad is to make his objects “good.” (1952c, p. 65)


Hiding from the reality that his parents are bad objects allows the child to support the illusion that there is hope for him in the future, and that by behaving in a different manner he will be able to find the key to his parents' love. Conversely, if the child were able to conclude that his parents were indeed bad objects who rejected him out of their innate meanness, then his entire universe would collapse, as this well-known passage by Fairbairn (1952c) notes:

Framed in such terms the answer is that it is better to be a sinner in a world ruled by God than to live in a world ruled by the devil. A sinner in a world ruled by God may be bad; but there is always a certain sense of security to be derived from the fact that the world around is good … and in any case there is always the hope of redemption. (pp. 66–67)

Both the moral defense and the splitting defense play central roles in the inner world of the obsessional personality disorder. The earlier splitting defense isolates and represses the worst memories of neglect or abuse, while the later forming moral defense consciously excuses the parents of the future obsessive for their hostile and demeaning treatment of him.

FAMILY PATTERNS THAT WEAKEN THE CENTRAL EGO

Fairbairn's model of the inner world should be able to provide logical links between what is concretely known about the childhood experiences of obsessional patients and their resulting character structure. Each diagnostic group has relatively similar developmental experiences which in turn create structures with similar relational patterns and styles, and these structures in turn engage the interpersonal world via repetition compulsions and transferences (Celani, 2001).


The first ego structure that appears to be damaged in families of the obsessional is the central ego—that part of the self that relates to the objects when they are gratifying and behaving in an appropriate manner. The central ego's relationship with the ideal object is relaxed and calm, as opposed to the internalized relationships between the rageful and cowed antilibidinal ego and the rejecting object, or the need-driven libidinal ego and its exciting object. The lack of tension and support during interactions between his developing central ego and the ideal object allows the child to internalize an object that is empathic and attuned, and is supportive of relationships with parts of other objects that are seen as developmentally appropriate. Over time the ideal object allows the incremental development of skills that lead to differentiation. Unfortunately, the relaxed internalization of good objects is almost never the case in the histories of obsessionals who are raised in “highly verbal” families (Adams 1973, p. 61) in which language is used in a punitive and contradictory manner. The constantly changing meanings and prohibitions keep the developing child in a state of tension and emotional flux, never knowing what set of rules will (or will not) apply, as noted by Sullivan (1956):


No matter what aggression anyone perpetuates on another—no matter what outrages the parents perpetuate on each other, or the elder siblings perpetuate on each other, on the parents, or on little Willie—there is always some worthy principle lying about to which appeal is made. And the fact that an appeal to an entirely contradictory principle was made 15 minutes earlier does not seem to disturb anybody. (pp. 230–231)


A child raised in this atmosphere has enormous difficulty knowing what emotions mean, what he feels, what is prohibited and what is accepted. The result is a profound confusion in his central ego, as the object(s) to whom he relates change their position(s) so frequently that he cannot build a consistent view of himself or of his parents. This results in a feeling of unreality in the child and a lack of integration between words and feelings. The consequences of this type of repeated family interactional pattern leads to “mystification” of the child as described by Winckler (1995):


The concept of mystification of experience refers to a person's losing both the ability to know his own experience and the ability to know another. Mystification implies that the individual's experience is actively (unconsciously) intentionally clouded by another person; it is not merely a byproduct of anxiety. (p. 470)


Mystification allows parents to punish and condemn their children freely, using principles which they proclaim to be important, yet which change unexpectedly from time to time. The confused child, who is trying desperately to play by the rules, assumes that his parents are motivated by good will, partly because they claim to be innocent:


Families in which the parents are harsh, critical and arbitrary—yet deny the impact of such behaviors—evoke a panoply of perplexing responses in the child … not only do parents of obsessionals tend to prohibit the direct expression of anger, resentment or retaliation, they also portray such behavior as unrelated to any conceivable precipitant. (Winckler, 1995, p. 471)


Confusion and mystification are aided by the child's previously mentioned dependency fueled need to keep misperceiving his parents as good objects. Thus, there is a powerful synergy between the unconscious strategies of the parents and the child's need to keep his objects blameless. His parents strengthen the child's use of the moral defense by specifying a never ending set of principles that they claim he has violated. Often, his parents define his transgressions as having the taint of universal “badness.” That is the child is deemed to have violated sacred principles of morality, religion, or ethics, which further overwhelms and shames him as noted by Adams (1973):


A fifth attribute of the parental ethos lay in the parents adherence to an instrumental morality, to goodness not as a goal but as a means of reaching heaven, or achieving conquest, or of asserting moral superiority …. Over-goodness as a way of control was very much in evidence in these households. Likewise, there was strongly articulated examples of what might be called the parent's “narcissistic morality”—meaning the equation of what gratifies the parent with what is right and sacred, and conversely “what bugs Mother is plain wicked.” (p. 63)


Thus, the family of the obsessional undermines, confuses, and mystifies (and weakens) the child's central ego. The child is burdened by guilt due to the bewildering number of violations he has—in all innocence—accrued, and overwhelmed by the accusations that his moral transgressions are offenses in the eyes of God or society. The child's use of the moral defense to protect himself from awareness of the badness of his objects is actively supported and amplified by his parents' definition of his transgressions as moral faults. Ironically, as Fairbairn noted, the moral defense is a source of comfort as it reassures the child that he is being appropriately corrected by loving objects. Kopp (1978), an existential psychologist described his own (central ego) struggle with the moral defense as a young man:


I had emerged from adolescence believing that I was an awful, inadequate human being who went around making other people unhappy. It was the only way I could account for being condemned by people as honest and good as my parents. I entered therapy to be cured of whatever failings had warranted their condemnation. (p. 86)


This quote from Kopp illustrates Fairbairn's central concept, which is attachment to bad objects, an attachment that is powered by the individual's unmet dependency needs and aided by the twin defenses of splitting and the moral defense. These defenses continue the illusion that the child is securely attached to good objects, which prolongs the hope that his unmet developmental needs have a chance of being satisfied. The continuing attachment to the (in reality rejecting and depriving) objects is an absolute imperative of the child's life.


A second way that the parents of obsessives hinder the development of their child's central ego is to frustrate his/her appropriate developmental needs, thus starving it from the types of interactions that would allow it to mature and differentiate. Fairbairn's model emphasizes unmet dependency needs which, when left unmet, halts the process of individuation and fixates the individual on the alluring but rejecting objects. The obsessional patient, at first glance, seems excessively mature—if not old—for his stated age. As a young adult he may appear highly conventional, over rather than under controlled, and interested in “mature” topics, including the sciences and technology. Appearances do not reveal the whole story as the obsessional is likely to be socially timid and overly dependent and passive aggressive in his personal relationships as a consequence of his developmental history that ignored his needs, while simultaneously requiring him to perform well in the external world, as noted in this quote from Barnett (1969):


The child is simultaneously infantilized in regard to interpersonal skills and instrumental competence within the home, while considerable demands are made for him to achieve outside the home in school, work or sports. Consequently, he seeks to verify his significance by performances of ever increasing perfection in the impersonal world outside the home, which then entitle him to the attention and applause he has no other means of winning. His insignificance to family life and the low premium put on his own needs and development as a person foster dependency, feelings of insignificance and incompetence in intimate situations, even in the face of success in the larger world. The preoccupation with achievement, performance, and perfectionism resulting from this split type of dependency leads to the aggressive competitiveness so typical of many areas of the obsessional's life. Within the family this often manifests itself in severe sibling rivalry, and in the frequent hostile competitiveness that exists between the child and the parent of the same sex. (p. 49)


Clinical experience suggests that Barnett's quote accurately summarizes much of what occurs in obsessional families. This family pattern accounts for the disjunction between the apparent maturity that one sees in the outer world and the private expression of unmet dependency needs, cynicism, hypersensitivity to criticism, and ambivalence toward his love objects. A healthy central ego is fundamental in all relationships with adult partners, which require mutual affection, cooperation, and commitment. Sadly, the central ego of the obsessive is not strong enough, balanced enough, or suffused enough with memories of love and trust in objects to freely enter into a cooperative relationship with another individual. Despite his enormous ambivalence, the obsessional individual cannot avoid attachments to others because his unmet dependency needs drive him toward partners who promise to compensate for his developmental emptiness. Unfortunately, relational success is severely limited in the obsessional character by his massive insecurity and ambivalence as noted by Mallinger (1982):


The sense of inner weakness makes him feel insubstantial, vulnerable to being easily influenced, swayed or overpowered by external forces, especially the wishes of others. In addition, he feels as if both his identity and his sense of autonomy, unanchored as they are, can at any moment be obliterated or swallowed up by these perceivedly more powerful outside forces. (p. 418)


Despite the initial romance of a new relationship, the obsessional's powerful unmet needs, coupled with the transferences emanating from the unconscious templates of self and others soon change a potentially loving relationship into one rife with adversarial contests. In short, his powerful inner structures cause him to misperceive his love object either as a rejecting object, or as a complaining, undermining antilibidinal object. In either case, his response will be based on the roles around which his inner world has been constructed:


Eventually, the d.s.-obsessional (demand sensitive) might view his marriage, or any committed relationship, as essentially an adversary relationship. Thus, even in his closest relationships, he may feel unloved and unloving. (Mallinger, 1982, p. 422)


Thus the obsessive's early unmet needs make him feel that he is being forced into a relationship with an object that he sees as either malevolent or hopelessly inferior, and his childhood frustrations continue. This is the tragedy of so many obsessionals who are highly competent in terms of instrumental behaviors, and yet whose internal structures turn potentially loving partners into opponents. The attachment between the antilibidinal ego and the rejecting internalized object, which is the attachment based on hate and the desire to overpower each other in the inner world, becomes the template of many obsessional interpersonal relationships.


DAMAGE TO CENTRAL EGO'S SENSE OF VOLITION

The central ego is the seat of volition in Fairbairn's model, and the obsessional disorder is perhaps the best example of distortion of this essential part of the self. Shapiro (1965) originated the focus on volitional problems of the obsessive. Despite the fact that he worked out of a classical analytic framework, Shapiro's descriptions of this disorder appear to be uninfluenced by any given model, and he does not speculate on developmental or interactional antecedents of the adult pathology. On the other hand, Mallinger (1982) saw many connections between the specifics of the childhood experiences of individuals who later displayed obsessional pathology and issues of self direction. Mallinger (1982) notes that the criticism that a child is exposed to creates a great hesitancy in him to take independent action, which then leads him to adopt the fiction that his actions are dictated by external sources of authority:


His sense of adequacy, general competence, and acceptability to important others may become seriously impaired. Unsure of himself, and exaggeratedly frightened of disapproval, the pre-d.s. (demand sensitive) obsessive child may become increasingly fearful of taking risks associated with initiative, decisions and action …. Rather than be held accountable for decisions, feelings and actions that emanate from him, he represses or disowns these focusing intently upon the apparent salvation provided by real or self-manufactured external directives and expectations. (p. 415)


The obsessive's chronic reliance on external sources of authority to guide his actions leads to the erosion of his sense of autonomy. He feels obligated and burdened by the demands, and yet they simultaneously relieve him of the task of decision making (Shapiro, 1965, p. 43). Any decision the obsessional makes exposes him to possible criticism either from his current external objects or from his internalized rejecting object. Over time his central ego is eroded to the point that the obsessional individual loses his sense of conviction about reality, as the following quote from Shapiro (1965) illustrates:


A sense of conviction about the world—a sense of truth, in other words—involves a breadth of attention, an interest in and sensitivity to the shadings and proportions of things, and a capacity for direct response to them for which the obsessive–compulsive person is not geared. Instead, he concerns himself with technical details, indicators which he interprets according to authoritative rules and principles. (p. 51)


The result of the specific style of family interactions and interpersonal pressures leaves the obsessive mystified, alienated from his feelings, fearful of direct action unless mediated by external fiat, and unsure of consensual reality. As mentioned, Fairbairn saw the inner world in terms of shifting territories, and the obsessive's attenuated central ego, which is undermined and under supported, becomes secondary to a part-self and part-object that have been constructed and internalized because of a rich and abundant series of intensely hostile exchanges that have promoted their growth in the unconscious, namely the split off antilibidinal-self and its associated accuser and tormentor, the internalized rejecting object.


INTERACTIONAL PATTERNS THAT STRENGTHEN THE ANTILIBIDINAL EGO AND REJECTING OBJECT

The past section on covert parental criticism does not do justice to the intensity and pervasiveness of hostility in the histories of children who later develop obsessional personality disorders. Many writers see parental hostility as the mutative factor in the development of the obsessional personality, as the following quote from Kainer (1979) illustrates:

Among my obsessional patients I noted certain similarities of background, especially in what I call the parental style. Although there were variations, each patient had at least one harshly critical parent. The criticism started early in life and had a flailing, arbitrary ring to it from which the child could not escape …. The criticism persisted, often over school performance (although the children performed well), and ranged over all aspects of the child's “beingness.” (pp. 276–277)


Kainer's description illustrates the impossible position of the child who is unconditionally dependent on a parent who peppers him/her with unending criticism and hostility. Earlier, Sullivan wrote extensively on the development of the obsessional, and he used even stronger language in his comments on the cruelty evident in their childhood histories. The following is one of his several observations on parental cruelty (1956):


The recitations of the obsessional neurotic about the past gradually come to reflect rather singular brutality toward the patient by a significant person, usually the parent. If this rather brutal recital includes some thin disguise which the parent wore, I think you may always accept the account as being reasonably close to the truth. In other words, in a very considerable number of cases these patients have been subjected to really severe cruelty by a parent, but always the parent had a little mask to conceal the sheer brutality of what was going on. (pp. 267–268)


The bluntness of the hostility emanating from the needed objects has to be dealt with by the child by erecting defensive barriers to protect his illusion of a continuing attachment to a good object. Sullivan (1953, pp. 318–319) described “substitutive processes” used by children that involved a suspension of awareness of the obvious rejection or abandonment, which, if understood by the child, would produce massive anxiety. Barnett (1972), who was previously quoted, hypothesized that the obsessional individual used a defense that he called “implosion of affects” (p. 339). This part-model assumed that the obsessive forced his emotionality inward and then disintegrated the affects so they lost potency because they were no longer organized. The “implosion” is needed according to Barnett to keep the obsessive in a state of “neurotic innocence” (p. 339), a defense that protects the child from clear awareness of the extent of the hostility in his family, as such awareness would be intolerable.


Fairbairn's model can account for the previously discussed character traits and uses the same defenses and internalized structures for all disorders. In all disorders, he emphasizes the deformation or attenuation of the child's central ego and the development of subegos as a consequence of the use of the splitting defense to hide from parental behavior that was too intolerable to consciously comprehend, but too abundant and structure creating to remain inertly repressed. The differences between disorders, in terms of internal structures, is the relationship pattern that characterizes the part-self and part-object pair, the contents of the subegos and part-objects (in terms or remembered events) as well as the relative strength of the self-object pairs. Fairbairn recognized that the relationship memories were organized into different subselves and subobjects and the material was not destroyed but rather grouped into categories and repressed. In the case of children destined to be obsessional, the awareness of parental neglect and hostility is split off into the engorged internalized rejecting part-object, which mirrors the very worst parts of the parental objects. This structure relates exclusively to his shame-filled antilibidinal self, which is simultaneously damaged, enraged, and vindictive. The type of critical and demanding formative experience that the obsessional is exposed to creates a particularly caustic and passive aggressive antilibidinal self that is best described by Schmiel (1972), “The ironic, the sardonic, the mocking and contemptuous view of self and others can be regularly observed in the obsessional and teased out of his verbalizations and fantasies as well as his dreams” (p. 27). Thus, the antilibidinal ego in the obsessional contains a massively shameful view of itself along with verbal hostility toward the rejecting object. It uses the same techniques that the parent (now internalized as the rejecting object) used to attack it, so it now demeans the rejecting object (as well as targeting similar objects in the external world via transferences) with the same style of self-righteous appeals to rules and universal truths. An extreme example of a patient dominated by his antilibidinal ego was a patient “William,” (Celani, 2005) who consulted me because of his increasing isolation. Like many severe obsessionals, William had been exposed to intense, withering, and unremitting criticism from his frustrated and socially impotent immigrant parents who had suffered setbacks after moving to America. They regarded his talents as a musician as a threat both to their sense of superiority and because it attracted the support of his teachers, which opened up possibility of his individuation. However, his massive inferiority and developmental retardation won out and resulted in his living in a basement apartment in their home. During his college years, he and his father became involved in a repeated morning battle in which his father would wake him up in a derisive manner, pointing out that he was going to work while William was still sleeping. William had perfected the same style of argumentation and debate that had been used to undermine him during his childhood. He would ask his father an entrapping question such as “Are you first and foremost a Christian, an American or a man?” (p. 83). His father, who loved debate but was less skilled than his clever and enraged son, would respond and William would systematically destroy his father's responses. These debates often ended with his father pushing William and exiting in a rage. This extreme example of the acting out of the role of rejecting object and antilibidinal ego were typical of the transference–countertransference relationship that this patient developed in our work.


The highly verbal, hypersensitive, and argumentative antilibidinal ego in this patient was strong enough and hostile enough to carry out a battle with his rejecting object parent with neither individual being able to dominate the other. William knew how far he could go with his sarcastic and hostile appraisals of his father's responses so he was not going to face complete abandonment. This external stalemate between my patient and his father characterizes the endless battles fought in the internal world of many obsessionals between the antilibidinal ego and the rejecting object.


These two opposing subselves account for the often contradictory observations made about the obsessive. When the individual is faced with an object that he sees as powerful, his antilibidinal response may appear to be halting and hesitant while complying or somewhat bolder when sarcastic. When compliance is displayed by the obsessional, he is on the antilibidinal side of the relationship and this signifies that he is not willing to risk a full battle with the object that might lead to abandonment. The cooperation that is displayed is modified by a halfheartedness which is just enough to appease the object and, simultaneously enough, satisfy his own need for some sense of power. Mallinger (1982) noted the development of passive aggressive thwarting behaviors as a consequence of the child's perception that his parents were not to be trusted, yet were too powerful to defy openly:


He learns eventually, though, that he dare not resist openly. After all, not only might he doubt the strength and sincerity of his parents' allegiance to him; he also maintains an awareness of his relative helplessness, a sincere desire to please, a desperate need for approval, a fear of forcing his mistrust to the surface, and memories of prior painful experiences (of his own or those of his siblings) whenever open opposition was tried …. He may equate automatic acquiescence with death itself. (p. 412)


Thus, the obsessive is trying to appease both the (external) rejecting object and his antilibidinal self at the same time. Conversely, a very different “obsessive” appears on those occasions in which the individual gets to identify with the rejecting object role when the object appears weak and he is in the dominant position. Fairbairn's antilibidinal ego and rejecting object structures, both of which are organized subselves, can act as the executive ego of the individual, and thus account for these two poles of obsessional behavior. When given power, the obsessional eagerly takes on the rejecting object role and forces others into an antilibidinal position, as Schimel (1972) has noted:


The incorrigible person does not attack the really strong. Others are fair game. Authority is anathema to him. To authority that is exercised with any uncertainty, the incorrigible as with inferiors, is intolerant and inexorable. He manifests what amounts to a compulsion to punish. (p. 9)


The “compulsion to punish” is a good description of the obsessional taking on the role of his original rejecting objects and treating weaker objects as he was once treated. Thus, Fairbairn's structures seamlessly account for the puzzling and contradictory observations of obsessional behavior. This quote also reflects the frequent reenactments that are produced by the action of the ego structures in the obsessional's unconscious. The struggle between the self-righteous and condemning rejecting object confronting an enraged but passive aggressive antilibidinal self can be the source of both symptoms and transferences. A particularly clear clinical example of struggle between the antilibidinal ego and the rejecting object was expressed in symptom (that had occurred years before) in a patient of mine who was a schoolteacher. He had come for help because of his inability to mark papers that his students turned in, which put him into chronic conflict with the school administration, a battle that he seemed to relish. As a teenaged boy, his exacting and tyrannical father demanded that he paint a rowboat at their summer home, while the father worked in a nearby town. His father was due back on the weekend but my patient had only managed to paint the first row of cedar planks. His father met this act of defiance by thoroughly beating his son. Soon after, my patient reported that he began to have difficulty walking through rooms if he wasn't exactly in the center. He began to press his hands together as a guide to help him align himself with the exact center of the room. Often, it took as many as 15 attempts before he was satisfied that he had been perfectly centered. A Fairbairnian analysis of this symptom sees it as the acting out of the struggle between his internal rejecting object that demanded perfection, and his covertly defiant antilibidinal ego, which overtly “tried” to comply with this arbitrary demand, but had to subvert it in order to sustain his sense of self. His symptom managed to symbolically defeat his father's demands by complying in a manner that used up so much time with his bizarre performance that it (probably) frustrated the internalized rejecting object. Shapiro (1965) sees ritualistic behavior as an extension of his previously quoted observation on the obsessive's loss of a sense of truth:


Ritualistic behavior conforms in a very clear way to the description of obsessive compulsive activity as mechanical, effortful, and as though in the service of an external directive …. The ritualistic act, as such, must ultimately seem absurd to one whose sense of reality and interest in truth are not impaired, no matter how appropriate the symbolic significance of its content may be. (p. 52)


Fairbairn pointed out just how focused the emotionally damaged individual was on his inner world, and how the split-off subegos had power to motivate the individual in ways that were not easily understandable. Shapiro's point is that the obsessive individual looks as if he is following external directives, but within Fairbairn's metapsychology, he is actually following the demands of an internalized rejecting object, one that was originally external but is long departed from the interpersonal scene. Many seemingly odd obsessional symptoms become comprehensible when viewed as a dialog between the incompletely repressed antilibidinal self in relationship to the rejecting object, while the individual is ostensibly in his central ego state. This often makes the obsessional patient feel “crazy” because he “knows better” than to behave in this manner, but in reality his powerful antilibidinal self and internalized rejecting object are operating independently of the central ego which is impotently standing by and observing, unable to stop the unwanted proceedings.


Each specific disorder has a different configuration of subegos and internalized objects. For instance, in hysteria the antilibidinal ego is suffused with bitter, almost unendurable, disappointment because of the rejecting paternal object's desire for displays of sexuality and coquetishness as a payment for the few moments of empathy and tenderness that he offered. On the other side of the split, the hysteric's libidinal ego seeks out a male object to parent her, as her mother failed in this capacity (Celani, 1976, 2001). Like the hysteric, the borderline has both antilibidinal and libidinal selves, and they too rely on the illusory hope provided by their libidinal ego that induces them to believe that by effort they will succeed in charming and winning over the exciting object (Celani, 1993, 1995, 2001). The difference between the borderline and the hysteric is the severity of the disappointment within the antilibidinal ego-rejecting object relationship, the gender of the primary rejecting object, and the absence of a sexual agenda in the relationship between the borderline's antilibidinal ego and the rejecting-part of the paternal object. Splitting in these two diagnostic groups affords each of the two part egos alternating pathways that allow them to act out both hope and hate toward the very same object. Conversely, the obsessive displays little or no interest in exciting objects nor does he appear to have a libidinal ego because, developmentally, he did not perceive his objects as containing the potential for love.


ATTACHMENT IN THE OBSESSIONAL PATIENT

If it is true that the obsessional disorder has enormous unmet dependency needs due to his fixation on objects who refused to nurture him, an antilibidinal ego filled to bursting with memories of being criticized, and one that struggles endlessly with a demanding and hostile rejecting object, then why is the obsessional individual not psychopathic? The answer lies in the central ego's early experience of attachment to an ideal object(s) that was just strong enough to prevent the child's collapse into sociopathy. Often, in the histories of obsessionals there is a good object, a grandparent or a mentor outside the family, to whom the child develops a central ego/ideal object emotional attachment, or enough early experiences to create a bond to small parts of his parents when they were behaving as ideal objects. These good experiences with the ideal object are also abundant enough to preclude reliance on fantasy-based libidinal ego attachments to an exciting part-object. Secondly, the pathway to the ideal object—central ego relationship is often through performance at school, which allows the child to develop attachments outside of the family with teachers who support them. Sometimes children are fortunate enough to find adult tenderness inadvertently, as is described in this quote by Sullivan (1956):


She announced very early in the work with me that her trouble descended directly, unalterably from very, very early in life and was the work of an exceedingly hateful mother who never had any use for her. That the mother was hateful, ye gods, how well I knew by the end of six months! But then, apropos of some little clue a little too elusive for the patient to see it in advance, I did get to what had kept her alive, which had been a vast mystery. It happened to be an old woman who did sewing for the whole family; she worked in an attic room in the house, and the little girl liked to go up and talk with her when she came, which was quite often. This old woman, who was somewhat in the role of a servant, showered the little girl with tenderness. (p. 282)


This is exactly the kind of early experience you find in the histories of many obsessional adults. Somewhere, often outside of the immediate family, the child finds a good object that offered just enough attachment to keep him from becoming indifferent or too revenge seeking. Many papers in the literature cite similar histories, including Kainer (1979) who described a scenario in which her patient was deliberately conceived by his parents for the purpose of allowing his father to avoid the draft. His almost completely indifferent parents hired his grandmother to take care of him during the week, and he witnessed many scenes in which his mother and grandmother quibbled about the amount of pay his grandmother was due. His high performance in school was ridiculed by his parents, and he looked forward to the respite of being with his loving grandmother:


He was often witness to discussions of the amount of the payment, which varied in terms of the length of time and other expenses that his mother felt affected what she owed her mother for his care.…. His mother (and to some extent his father) was experienced by him as harsh, critical and arbitrary, with very little capacity for tender parenting. He was intellectually gifted, but his 95's and A- were ridiculed. His compositions were torn apart and rewritten by both his parents …. He would spend the week with his simple, undemanding and loving grandmother, and dread the weekend with his tormentors and attackers. (p. 278)


Within Fairbairn's framework, this material suggests that the development of the obsessional personality disorder occurs in individuals who experienced at least one central ego attachment during their development that they could rely upon, while most of the time they resided in a sea of hostility and indifference. Sadly, the overwhelming criticism and humiliation that the child experienced during his development tends to overwhelm this smaller covert attachment to a good object, thus insuring that generosity, a fluid ability to commit emotionally to others, and the easy display of tender emotions are impossible for the obsessional character to display. However, the small but important central ego attachment that the child experienced during his development, along with his unmet developmental needs, is strong enough to keep him in the orbit of other humans. Unfortunately, his unmet childhood needs coupled with his powerful internal structures, including his cynical antilibidinal ego and his occasional identification with his aggressive and condemning rejecting object, make him a less than appealing romantic partner. Sadly, many obsessionals display a paradoxical discontinuity between their high performance in the world and their passivity, and passive-aggressive dependency within their marriages. The unfortunate circumstances of the obsessional's original interpersonal experiences are endlessly recreated in his adult interpersonal world, and he tends to live a life of emotional penury, even toward those who were once willing to love him.


CONCLUSION

Fairbairn's psychoanalytic model, with its internalized self and object structures that evolve as a consequence of the splitting defense, can offer new insights into the development and diagnosis of this important and often frustrating disorder. His model is able to specify which ego structures are overdeveloped and which are underdeveloped, as a consequence of the type of family histories that are characteristic of individuals who become obsessional later in life. The relationship between these structures in his inner world differentiate the obsessional diagnostic group from both the histrionic and borderline which rely on both libidinal and antilibidinal attachments toward the same objects. Conversely, this analysis of the obsessional disorder suggests that strong pathological attachments can develop and be maintained through the antilibidinal self/rejecting object relationship in the apparent absence of a libidinal ego/ exciting object component. Fairbairn's model can also account for symptoms and role shifts, which appear puzzling without knowledge of the structural configuration of the obsessional disorder. Many symptoms can be seen as a consequence of the struggle between the antilibidinal ego and the internalized rejecting object, while role shifts from victim to abuser are understood as the consequence of the ascendancy of the antilibidinal ego or the rejecting object into the position once occupied by the central ego.

Identify, Process, and Express Your Emotions

 Emotions

Why It's Vital to Identify, Process, and Express Your Emotions

Why befriending your emotions is key to a connected, successful, and whole life. 


There are many different types of emotions that have an influence on how we live and interact with others. At times, it may seem like we are ruled by these emotions. The choices we make, the actions we take, and the perceptions we have are all influenced by the feelings we are experiencing at any given moment. 

Basic Emotions

During the 1970s, psychologist Paul Eckman identified six basic emotions that he suggested were universally experienced in all human cultures. The emotions he identified were happiness, sadness, disgust, fear, surprise, and anger. He later expanded his list of basic emotions to include such things as pride, shame, embarrassment, and excitement.

The six basic types of emotions


Combining Emotions

Psychologist Robert Plutchik proposed a "wheel of emotions" that worked something like the color wheel. Emotions can be combined to form different feelings, much like colors can be mixed to create other shades.


According to this theory, the more basic emotions act something like building blocks. More complex, sometimes mixed emotions, are blendings of these more basic ones. For example, basic emotions such as joy and trust can be combined to create love.

"The cure for the pain is in the pain”

“痛苦的解药就在痛苦之中” “Tòng-kǔ de jiě yào jiù zài tòng-kǔ zhī zhōng” 

"Ubat untuk kesakitan adalah dalam kesakitan"

Français: « Le remède à la douleur est dans la douleur »

I think a lot more of us, though, can agree on the fact that our world needs more emotional intelligence as it becomes increasingly technological and siloed.

Potentially today more than ever, many people get stuck from not identifying and processing their emotions. I'd argue this is the key reason we get stuck most of the time (I wouldn't say all the time because in some contexts or situations it can be healthy to block out emotion). The simplest way I make sense of the root problem is that we often grow up in environments where it wasn't safe to feel, process, and express what we were feeling. In other words: we are conditioned to tune out emotion. We also live in an emotionally phobic society; it often feels like our culture disregards and downplays emotion. Emotional suppression (conscious) and repression (subconscious) may have worked well for us in the past but it can often get adults in trouble, especially when we want to understand ourselves better, make better decisions, and have healthy, nourishing relationships.


Follow this ( click here ) to cut the chase.


If you prefer,  continue learning about emotions here, read on 📚 and discover more ...

A 2017 study suggests that there are far more basic emotions than previously believed. In the study published in Proceedings of National Academy of Sciences, researchers identified 27 different categories of emotion. Rather than being entirely distinct, however, the researchers found that people experience these emotions along a gradient. 

When we take the time to feel and understand our emotions, it can often lead to a more insightful outlook on life, better relationships, and improved physical health. Working through them and expressing them enables us to improve our mental and emotional health. Humans are not designed to ignore emotional information, as emotional information is among the most important signals our body sends us. The good news is it’s never too late to learn to identify, process, express, and manage your emotions.


Let's take a closer look at some of the basic types of emotions and explore their impact on human behavior.


Happiness 😊 🙂 ☺️ 😃 🥲 😸 

Of all the different types of emotions, happiness tends to be the one that people strive for the most. Happiness is often defined as a pleasant emotional state that is characterized by feelings of contentment, joy, gratification, satisfaction, and well-being.

If our lives are a journey or trip, emotions are the inner compass or GPS, revealing our most important and pressing needs—and our problems in the moment, along with possible solutions. Disregarding your GPS (representing emotions in this metaphor) can make it harder to get to your destination on your trip. For example:

●If you’re feeling sad, you may have lost something important, and may need comfort.

●If you’re feeling angry, you may have been mistreated and need to fight back or protect yourself.

●If you’re scared or feeling fearful: you may be anticipating something bad happening and need to protect yourself or leave a dangerous situation.

Research on happiness has increased significantly since the 1960s within a number of disciplines, including the branch of psychology known as positive psychology. This type of emotion is sometimes expressed through:

○Facial expressions: such as smiling

○Body language: such as a relaxed stance

○Tone of voice: such as an upbeat, pleasant way of speaking

While happiness is considered one of the basic human emotions, the things we think will create happiness tend to be heavily influenced by culture. For example, pop culture influences tend to emphasize that attaining certain things, such as buying a home or having a high-paying job, will result in happiness.


The realities of what actually contributes to happiness are often much more complex and more highly individualized.2 People have long believed that happiness and health are connected, and research has supported the idea that happiness can play a role in both physical and mental health.

As a general rule with some exceptions; when we continually suppress our emotions, not only do they not just go away, they can even grow stronger and fester in our bodies and mind. The saying goes, "what you resist persists." Ignoring emotion is thus like tuning out essential signals to and from our body and brain, obstructing your success and ability to understand, take care of yourself, and act wisely and intentionally. This is why perhaps one of the most important findings in psychotherapy over the last 40 years has been the importance of emotion in the healing process: the most powerful and transformative moments in therapy sessions are often when a client is feeling the most.

Meditate on these four phases:

♤I am sorry, 

♧please forgive me,

◇thank you, 

♡I love you 

"Love is the dove 🕊 of peace, the spirit of brotherhood, it is tenderness and compassion, forgiveness and tolerance." 

冥想这四个阶段:Míng-xiǎng zhè sì gè jiē-duàn:

♤我很抱歉,Wǒ hěn bào-qiàn,


♧请原谅我,qǐng yuán-liàng wǒ,


◇谢谢你,xiè-xiè nǐ,


♡我爱你 ♡wǒ ài nǐ

“爱是和平的鸽子🕊,是兄弟情谊的精神,是温柔和同情,是宽恕和宽容。” “Ài shì hépíng de gēzi 🕊, shì xiōngdì qíngyì de jīngshén, shì wēnróu hé tóngqíng, shì kuānshù hé kuānróng.”

Renungkan empat fasa ini:

 ♤Saya minta maaf, 

 ♧tolong maafkan saya,

 ◇terima kasih, 

 ♡Saya sayang awak 

"Cinta adalah merpati 🕊 kedamaian, semangat persaudaraan, ia adalah kelembutan dan belas kasihan, pengampunan dan toleransi."

Français: Méditez sur ces quatre phases :

♤Je suis désolé, 

♧Pardonne-moi, 

◇Merci, 

♡Je t'aime 

« L’amour est la colombe 🕊 de la paix, l’esprit de fraternité, il est tendresse et compassion, pardon et tolérance. »

Happiness has been linked to a variety of outcomes including increased longevity and greater marital satisfaction. Conversely, unhappiness has been linked to a variety of poor health outcomes and challenges in relationships.

So the next time you're feeling a strong emotion about something, when it’s safe to do so, either alone or with a safe person, I'd invite you to resist the urge to bottle it up, and instead acknowledge your feelings. Use the mantra above. This, over time, can make it easier to identify them in your mind to yourself, verbally or in writing, and let them out in a healthy way. A “healthy” way can mean in a supportive or therapeutic group format, cardio or anaerobic exercise, meditation, journaling, and reaching out to your social supports, among many other options. This will help you understand yourself better, especially the challenges you are facing and the potential solutions needed. It will also help you in your relationships, as strong, close relationships are built on sharing vulnerable emotions. Luckily emotions are a skill you can learn and it's never too late. What skills have you recently surprised yourself by learning? Cooking? Learning a language? A video game? Identifying, processing, and sharing our emotions is similar.

Stress, anxiety, depression, and loneliness, for example, have been linked to things such as lowered immunity, increased inflammation, and decreased life expectancy.


Sadness 😔 😟 🙁 😥 😞 😿 

Sadness is another type of emotion often defined as a transient emotional state characterized by feelings of disappointment, grief, hopelessness, disinterest, and dampened mood. 


Like other emotions, sadness is something that all people experience from time to time. In some cases, people can experience prolonged and severe periods of sadness that can turn into depression. Sadness can be expressed in a number of ways, including:

■Crying

■Dampened mood

■Lethargy

■Quietness

■Withdrawal from others

The type and severity of sadness can vary depending upon the root cause, and how people cope with such feelings can also differ.

Sadness can often lead people to engage in coping mechanisms such as avoiding other people, self-medicating, and ruminating on negative thoughts. Such behaviors can actually exacerbate feelings of sadness and prolong the duration of the emotion.


Fear 😨 😟 😱 🙀 

Fear is a powerful emotion that can also play an important role in survival. When you face some sort of danger and experience fear, you go through what is known as the fight or flight response.


Your muscles become tense, your heart rate and respiration increase, and your mind becomes more alert, priming your body to either run from the danger or stand and fight.

This response helps ensure that you are prepared to deal with threats in your environment effectively. Expressions of this type of emotion can include:


●Facial expressions: such as widening the eyes and pulling back the chin

●Body language: attempts to hide or flee from the threat

●Physiological reactions: such as rapid breathing and heartbeat

Of course, not everyone experiences fear in the same way. Some people may be more sensitive to fear, and certain situations or objects may be more likely to trigger this emotion.


Fear is the emotional response to an immediate threat. We can also develop a similar reaction to anticipated threats or even our thoughts about potential dangers, and this is what we generally think of as anxiety. Social anxiety, for example, involves an anticipated fear of social situations.


Some people, on the other hand, actually seek out fear-provoking situations. Extreme sports and other thrills can be fear-inducing, but some people seem to thrive and even enjoy such feelings.


Repeated exposure to a feared object or situation can lead to familiarity and acclimation, which can reduce feelings of fear and anxiety.


This is the idea behind exposure therapy, in which people are gradually exposed to the things that frighten them in a controlled and safe manner. Eventually, feelings of fear begin to decrease.


Disgust 😬 🫣 😝 🤢 😫 

Disgust is another of the original six basic emotions described by Eckman. Disgust can be displayed in a number of ways including:

●Body language: turning away from the object of disgust

●Physical reactions: such as vomiting or retching

●Facial expressions: such as wrinkling the nose and curling the upper lip

This sense of revulsion can originate from a number of things, including an unpleasant taste, sight, or smell. Researchers believe that this emotion evolved as a reaction to foods that might be harmful or fatal. When people smell or taste foods that have gone bad, for example, disgust is a typical reaction.


Poor hygiene, infection, blood, rot, and death can also trigger a disgust response. This may be the body's way of avoiding things that may carry transmittable diseases.


People can also experience moral disgust when they observe others engaging in behaviors that they find distasteful, immoral, or evil.


Anger 🤬 🗯 😡 👿 😠 😤 

Anger can be a particularly powerful emotion characterized by hostility, agitation, frustration, and antagonism toward others. Like fear, anger can affect the body's fight-or-flight response.


When a threat generates feelings of anger, you may be inclined to fend off the danger and protect yourself. Anger is often displayed through:

●Facial expressions: such as frowning or glaring

●Body language: such as taking a strong stance or turning away

●Tone of voice: such as speaking gruffly or yelling

●Physiological responses: such as sweating or turning red

●Aggressive behaviors: such as hitting, kicking, or throwing objects

While anger is often thought of as a negative emotion, it can sometimes be a good thing. It can be constructive in helping clarify your needs in a relationship, and it can also motivate you to take action and find solutions to things that are bothering you.


However, anger can become a problem when it is excessive or expressed in unhealthy, dangerous, or harmful ways. Uncontrolled anger can quickly turn to aggression, abuse, or violence.


Anger Issues: Take the Test

This type of emotion can have both mental and physical consequences. Unchecked anger can make it difficult to make rational decisions and can even have an impact on your physical health.8


Anger has been linked to coronary heart diseases and diabetes. It has also been linked to behaviors that pose health risks such as aggressive driving, alcohol consumption, and smoking.


Surprise 😮 🫢 😲 

Surprise is another of Eckman's six basic types of human emotions. It is usually quite brief and characterized by a physiological startle response following something unexpected.


This type of emotion can be positive, negative, or neutral. An unpleasant surprise, for example, might involve someone jumping out from behind a tree and scaring you as you walk to your car at night.


An example of a pleasant surprise would be arriving home to find that your closest friends have gathered to celebrate your birthday. Surprise is often characterized by:

●Facial expressions: such as raising the brows, widening the eyes, and opening the mouth

●Physical responses: such as jumping back

●Verbal reactions: such as yelling, screaming, or gasping

Surprise is another type of emotion that can trigger the fight or flight response. When startled, people may experience a burst of adrenaline that helps prepare the body to either fight or flee.


Surprise can have important effects on human behavior. For example, research has shown that people tend to disproportionately notice surprising events.


This is why surprising and unusual events in the news tend to stand out in memory more than others. Research has also found that people tend to be more swayed by surprising arguments and learn more from surprising information.


Other Types of Emotions

The six basic emotions described by Eckman are just a portion of the many different types of emotions that people are capable of experiencing. Eckman's theory suggests that these core emotions are universal throughout cultures all over the world.


However, other theories and new research continue to explore the many different types of emotions and how they are classified. Eckman later added a number of other emotions to his list but suggested that, unlike his original six emotions, not all of these could necessarily be encoded through facial expressions. Some of the emotions he later identified included:

●Amusement 

●Contempt

● Contentment 

● Embarrassment 😳 🫠 🤦 😑 😕 😪 

● Excitement 

● Guilt 😔 😭 😦 😢 🙁 ☹️ 

●Pride in achievement

●Relief

●Satisfaction

●Shame


Other theories of emotion

As with many concepts in psychology, not all theorists agree on how to classify emotions or what the basic emotions actually are. While Eckman's theory is one of the best-known, other theorists have proposed their own ideas about what emotions make up the core of the human experience.


For example, some researchers have suggested that there are only two or three basic emotions. Others have suggested that emotions exist in a hierarchy. Primary emotions such as love, joy, surprise, anger, and sadness can then be further broken down into secondary emotions. Love, for example, consists of secondary emotions, such as affection and longing.


These secondary emotions might then be broken down still further into what are known as tertiary emotions. The secondary emotion of affection includes tertiary emotions, such as liking, caring, compassion, and tenderness.


A more recent study suggests that there are at least 27 distinct emotions, all of which are highly interconnected.11 After analyzing the responses of more than 800 men to more than 2,000 video clips, researchers created an interactive map to demonstrate how these emotions are related to one another.


“We found that 27 distinct dimensions, not six, were necessary to account for the way hundreds of people reliably reported feeling in response to each video,” explained the senior researcher Dacher Keltner, faculty co-director of the Greater Good Science Center.


In other words, emotions are not states that occur in isolation. Instead, the study suggests that there are gradients of emotion and that these different feelings are deeply inter-related.


Alan Cowen, the study's lead author and former doctoral student in neuroscience at UC Berkeley, suggests that better clarifying the nature of our emotions can help scientists, psychologists, and physicians learn more about how emotions underlie brain activity, behavior, and mood. By building a better understanding of these states, he hopes that researchers can develop improved treatments for psychiatric conditions.


Final Thoughts

Emotions play a critical role in how we live our lives, from influencing how we engage with others in our day to day lives to affecting the decisions we make. By understanding some of the different types of emotions, you can gain a deeper understanding of how these emotions are expressed and the impact they have on your behavior.


It is important to remember, however, that no emotion is an island. Instead, the many emotions you experience are nuanced and complex, working together to create the rich and varied fabric of your emotional life.

Saturday, September 28, 2024

新加坡交通部长易华仁案:政治与腐败

 PCA 和 MDA 中的有罪推定:撤销对 Iswaran 的腐败指控为何与新加坡的零容忍政策相矛盾


AGC 决定降低对 Iswaran 的指控引起了严重担忧,尤其是考虑到新加坡《滥用药物法》(MDA)和《预防腐败法》(PCA)中的法律推定。这两项法律都将举证责任转移到被告身上,这使得 AGC 撤销 PCA 指控的理由非常值得怀疑。


2024 年 9 月 27 日发布


总检察长办公室 (AGC) 最近以起诉困难为由撤销了对前新加坡交通部长 S Iswaran 的腐败指控。


AGC 解释说,根据《预防腐败法》(PCA)证明腐败将很困难,特别是因为 Iswaran 和房地产大亨 Ong Beng Seng (OBS) 都可能避免牵连自己。


 这种解释令人困惑,尤其是考虑到《反腐败法》第 8 条规定的法律框架,该框架反映了贩毒案件中经常适用的有罪推定。


根据《反腐败法》,一旦公职人员接受任何形式的贿赂,除非该官员能证明事实并非如此,否则将推定其有腐败行为。


这种推定将举证责任转移到被告身上,就像贩毒案件一样,持有一定数量的毒品会引发贩毒推定,如新加坡《滥用毒品法》 (MDA) 所述。


去年 8 月,前总理李显龙在议会重申了新加坡对腐败的零容忍态度,他说:“我们坚信,为了维护诚实的政治制度,为了让人民继续信任人民行动党,我们必须透明地处理问题。”


“因此,当任何人,包括部长或议员,参与腐败或非法行为时,我们都会零容忍,并将进行全面调查。 如果调查发现没有不法行为或利益冲突,则案件将结案,涉案人员将被免除责任。如果调查显示存在不当行为,则将受到法律的全面处理。”


《反腐败法》第 8 条是这项零容忍政策的基石。它确保接受任何形式贿赂的公职人员必须反驳腐败推定,并由他们承担举证责任。


这项规定在腐败行为调查局 (CPIB) 网站的“确保公职人员廉洁”标题下突出显示,其中指出:“《反腐败法》还规定,任何受雇于政府或公共机构的人员给予或接受的贿赂均视为腐败。”


“反驳推定的举证责任在于当事人。此外,公职人员应报告任何提供、接受或要求贿赂的案件。” 这表明第 8 条对于维护新加坡公职人员的诚信至关重要,凸显了其作为新加坡零容忍腐败政策的重要支柱的作用。”


然而,尽管第 8 条是旨在打击腐败的有力法律工具,但总检察长在处理 Iswaran 的案件时似乎并没有给予太多重视。


当经验丰富的律师强调很难反驳法律上的推定,尤其是在涉及 PCA 的案件中时,这种疏忽就变得更加引人注目。


辩护方很少能成功挑战这种推定,这让人不解为什么第 8 条在这次起诉中没有得到更多的重视。


腐败与贩毒:法律相似之处


PCA 第 8 条的运作方式与 MDA 下的贩毒案件类似。在这两种情况下,一旦达到某些门槛,法律就会推定有罪——腐败案中的满足感和贩毒案中的持有。


 在 Iswaran 的案件中,AGC 最初根据《反腐败法》第 6(a) 条对他提出指控,这本应触发第 8 条规定的腐败推定。然而,这些指控后来被降级为《刑法》第 165 条,该条涉及公职人员接受礼物而无需证明腐败意图,并且处罚明显较轻。

AGC 撤回《反腐败法》指控的理由是 Iswaran 和 Ong 都可能否认腐败指控,这是幼稚和荒谬的。

当 AGC 决定起诉 Iswaran 时,它一定已经充分意识到双方都会否认这些指控。

事实上,这种否认正是 PCA 第 8 条存在的原因:将举证责任转移到被告身上,让他们有责任推翻腐败推定。


总检察长声称双方否认有罪会使起诉复杂化,因此其辩解变得毫无意义。很难想象一开始就没有预料到这一点,因此撤销指控的决定很难成立。


为了说明有罪推定是如何应用于贩毒案件的,我们可以看看 2018 年上诉法院在 Zainal bin Hamad 诉检察官案中的裁决。


法院指出,一旦确定持有一定数量的毒品,就适用贩运推定,将举证责任转移到被告身上,以证明事实并非如此。

判决强调,“[Zainal] 有责任提供证据来提出合理怀疑”,而仅仅否认或解释不力不足以免除这一推定​​。

在没有可靠证据反驳推定的情况下,法院裁定被告有罪。

这表明,一旦触发有罪推定,辩方必须提供实质性证据来反驳它——这一点很少能成功实现。

决定降级至第 165 条:一项更简单但不那么严重的罪行

将指控降级为《刑法》第 165 条,这是自 1871 年《刑法》出台以来,新加坡 153 年法律历史上首次使用这一条款,这进一步使公众对此案的理解复杂化。

第 165 条侧重于公务员接受与其公务有关的个人的贵重物品的行为,而无需证明腐败意图。

虽然根据本条对 Iswaran 的指控比根据《反腐败法》对腐败的指控更容易证明,但该罪行的处罚要轻得多。该法律针对不正当地接受礼物,但没有《反腐败法》中那样的严重性或对腐败意图的关注。

根据第 165 条,这种向较轻指控的转变被视为宽大处理,尤其是考虑到指控的性质。


虽然总检察长在追究 PCA 指控时提到了“诉讼风险”,但降级实际上减轻了罪行的严重性。根据第 165 条,Iswaran 现在面临的最高刑期为两年监禁,而根据 PCA 可能判处七年监禁。


然而,检方表示,他们将寻求对第 165 条下的四项修正指控判处 6-7 个月的刑期,以及根据第 204A 条的一项妨碍司法公正指控判处一项妨碍司法公正指控,最高刑罚为七年监禁、罚款或两者并罚。


这进一步引发了人们对公众信任和正义是否得到充分维护的质疑。 这种做法与新加坡的零容忍立场形成了鲜明对比,尤其是考虑到 Wee Toon Boon 的案例,他仅仅因为接受了价值 3,500 新元的屋顶费用而被判处六个月监禁。


在 Iswaran 的案件中,据称收到的礼物要奢侈得多——Ong Beng Seng 给了他 384,000 新元的礼物,David Lum 给了他 18,920.94 新元的礼物。

尽管礼物价值不菲、指控范围广泛,但所寻求的刑罚却相对宽大,这凸显了零容忍的言论与本案采取的行动之间的脱节。


与 Wee 的案件相比,这种差异更加引人注目,在该案中,一笔小得多的礼物导致六个月的刑期。


公众对透明度和问责制的期望


从本质上讲,公众期望透明度和问责制,尤其是在涉及 Iswaran 这样的高级公职人员的案件中。


决定撤销更严厉的腐败指控,特别是在可以援引 PCA 第 8 条的情况下,可能会削弱公众对新加坡司法行政的信心。


当一名高级公职人员涉嫌腐败案件时,公众期望适用严格的法律标准,尤其是考虑到新加坡以强烈的反腐败立场而闻名。


新加坡对腐败的零容忍态度建立在明确和一致的法律应用之上。


 尽管《预防犯罪法》第 8 条规定了法律机制,但总检察长决定降低对 S Iswaran 的腐败指控,这与法律根据《毒品法》处理贩毒案件的方式形成了鲜明对比。


这两个法律框架都以打击严重的社会问题为目标,并且都依赖于在确定持有或满足毒品时将举证责任转移给被告的推定。


通过将指控降级为第 165 条规定的较简单的罪行,总检察长冒着破坏新加坡法律体系的一致性和完整性的风险,引发了人们对此案是否真正伸张正义的质疑。


尽管《预防犯罪法》第 8 条规定了推定条款,但总检察长为何撤销对 Iswaran 的腐败指控?


尽管总检察长两次提起诉讼,但为何还是撤销了对 Iswaran 的腐败指控?


 总检察长办公室称,减少 Iswaran 腐败指控存在证据风险


突然认罪:Iswaran 的逆转震惊了公众,但诉讼程序却异常平静


前部长 S Iswaran 将于 10 月 3 日被判刑


检方要求对前部长 S Iswaran 判处 6-7 个月监禁,辩方要求最多判处 8 周


尽管《预防腐败法》第 8 条规定了推定条款,但总检察长办公室为何仍撤销对 Iswaran 的腐败指控?


尽管《预防腐败法》第 8 条规定,公职人员收受礼物即属腐败,但总检察长办公室为何仍撤销对前部长 S Iswaran 的腐败指控?这一意外决定引发了有关透明度、问责制和反腐败法使用的严重问题。


为了解释为何根据《预防腐败法》(PCA)对前交通部长 S Iswaran 的腐败指控被撤销,总检察长办公室 (AGC) 指出,根据该法起诉他存在挑战。


 总检察长辩称,鉴于 Iswaran 和房地产大亨 Ong Beng Seng 都不太可能将自己牵连其中,因此证明腐败行为将非常困难。


考虑到《反腐败法》第 8 条的规定,这一解释令人惊讶。对于那些根据第 5 条或第 6 条受到指控的人,法律假定只要公职人员收到任何形式的贿赂,就会发生腐败行为,因此被告有责任证明自己没有腐败意图。


由于 Iswaran 被指控犯有两项腐败罪,根据《反腐败法》第 6(a) 条和第 7 条,法律框架本应促进而不是复杂化本案检察机关的任务。


更令人困惑的是,总检察长决定修改指控,最终根据《刑法》第 165 条而不是《反腐败法》对 Iswaran 提出指控,实际上完全取消了腐败指控。


值得注意的是,这是新加坡 153 年历史上首次援引第 165 条。 第 165 条涉及公职人员接受贵重物品,无需证明腐败意图,其处罚明显较轻——仅为两年监禁,而根据《防止贿赂法》对腐败指控的处罚为七年。


虽然总检察长引用了“诉讼风险”,以证明《防止贿赂法》指控无可置疑,但这种解释似乎回避了这样一个事实,即一旦公职人员接受了贿赂,《防止贿赂法》就会假定存在腐败意图。

总检察长还向媒体表示,“总检察长还考虑了修正案是否会导致符合公众利益的公平公正结果。”

但降低指控的严重性是否更符合公众利益?或者,这一决定是否代表了对一个表面上似乎符合《防止贿赂法》起诉条件的案件过于谨慎的态度?

考虑到所涉礼物的总价值和范围,总检察长的决定变得更加令人怀疑。

这些礼物仅 Ong 一人就价值超过 218,000 新元,并非随意或一次性的举动,而是涉及高价值物品,包括新加坡 F1 大奖赛、足球比赛和独家剧院表演的门票,以及豪华高尔夫设备、昂贵的威士忌和高端自行车。


据称,从 2015 年 11 月到 2021 年 12 月,Iswaran 从 Ong 那里收到了 24 份价值超过 384,000 新元(285,000 美元)的贵重礼物,这些礼物通常与他作为 F1 指导委员会主席的官方角色相关的商业交易有关。


 同样,在 2021 年 11 月至 2022 年 11 月期间,Iswaran 涉嫌从建筑公司 Lum Chang Holdings (LCH) 董事总经理 David Lum Kok Seng 那里收受了价值 18,920.94 新元的几件昂贵物品,包括威士忌、葡萄酒和高尔夫设备,当时 Lum 的公司正在管理陆路交通管理局的一项重要合同。


这些交易远非偶然或孤立的。Iswaran 并非只是在一次场合收受了一件象征性的礼物——他在几年内收到了一系列高价值物品,这些物品均来自与他的官方角色直接相关的商业利益的个人,这引发了人们对利益冲突的重大担忧。


鉴于这些礼物的价值和频率,Iswaran 接受这些礼物远非第 165 条传统上可能解决的轻微违法行为。


考虑到新加坡公务员被禁止保留价值超过 50 新元的礼物,并且必须向其常任秘书申报从外部利益相关者收到的任何礼物,这一点尤其令人担忧。


 Iswaran 未能报告这些巨额礼物,这只会加剧人们对总检察长决定将指控改为较轻罪行的担忧。


虽然总检察长在考虑“诉讼风险”时的谨慎是可以理解的,但根据《反​​腐败法》第 8 条的腐败推定将把举证责任转移到 Iswaran 身上,以证明这些巨额礼物不是通过腐败提供的。


在这种情况下,鉴于《反腐败法》为此类案件提供了明确的法律机制,史无前例地使用第 165 条似乎不合时宜。


与前环境部政务部长 Wee Toon Boon 的案件进行比较,很有启发意义。


1975 年,Wee 被判犯有五项腐败罪,同样违反了《反腐败法》第 6(a) 条,被判处四年零六个月监禁,罚款 7,023 新元——后来,在一项指控的三年刑期被撤销后,上诉后减为 18 个月。


 法官裁定,黄未能提出合理怀疑,并根据可能性的权衡得出结论,他接受了贿赂作为对他所作所为的回报。


值得注意的是,黄仅仅因为接受了价值 3,500 新元(根据通货膨胀调整后,2023 年约为 11,410 新元)的镀锌屋顶而被判处六个月监禁。


鉴于 Iswaran 任职期间 Iswaran、Ong 和 Lum 之间的关系重叠,以及无可否认的接受奢侈礼物,这引发了一个问题:鉴于《反腐败法》第 8 条中腐败的推定,为什么起诉 Iswaran 被认为是具有挑战性的?


考虑到上述情况,副检察长 Tai Wei Shyong 在法庭上的断言,即最初提出腐败指控有强有力的依据似乎是有效的。


 因此,令人费解且难以理解的是,总检察长为何选择在最后一刻撤回指控,理由是当举证责任不在其一方时可能会遇到困难。同样令人费解的是,在几个月来一直声称自己无罪之后,Iswaran 竟然出人意料地同意对修改后的指控认罪。


在涉及高级公职人员的案件中,公众对透明度和问责制的期望很高,这是可以理解的。降低指控级别,特别是在有更严格的反腐败法律的情况下,可能会损害公众对司法程序的信心。


为什么总检察长在两次追诉的情况下撤回了对 Iswaran 的腐败指控?


总检察长以证明腐败意图存在困难为由,减少了对前交通部长 S Iswaran 的腐败指控。这引出了一个关键问题:如果从一开始就知道这些证据困难,为什么总检察长会两次提出腐败指控,却在最后一刻修改指控?


 出乎意料的是,就在对一名政治官员进行历史性审判之前,总检察长办公室 (AGC) 根据《刑法》第 165 条将前交通部长 S Iswaran 的腐败指控减轻为较轻的罪行。


Iswaran 最初于 2024 年 1 月被指控收受 Ong Beng Seng 价值约 384,000 新元的礼物,以换取 Ong 的商业利益,特别是与新加坡大奖赛相关的商业利益。

2024 年 3 月,又有指控,指控 Iswaran 从 Lum Chang Holdings 董事总经理 David Lum Kok Seng 处收受贵重物品,包括威士忌酒瓶、高尔夫球杆和一辆 Brompton 自行车。


这些物品价值约 19,000 新元,与 Iswaran 担任交通部长有关,使礼物的总价值超过 400,000 新元,指控总数达到 35 项,包括腐败和妨碍司法公正。


然而,就在审判即将开始之前,AGC 做出了修改指控的重要决定。《预防腐败法》下更严重的腐败指控被降为《刑法》第 165 条下的较轻罪行,该条涉及公务员在没有腐败意图的情况下收受贵重礼物。


结果,腐败指控被有效撤销,Iswaran 在坚持数月无罪后对修改后的指控表示认罪。


 总检察长周二向媒体发表声明,指出在排除合理怀疑的情况下证明原始腐败案件存在重大挑战。


声明指出,Iswaran 和商人 Ong Beng Seng 都需要牵连自己才能证明腐败意图,这会带来诉讼风险。


虽然总检察长提供了撤销对 Iswaran 指控的理由,但它提出了一个重要问题:如果从一开始就知道这些证据挑战,那么为什么总检察长会根据《预防腐败法》(PCA)两次提出腐败指控?


总检察长的理由——证明腐败意图的困难——在最初提出指控时就应该可以预见。


Ong 和 Iswaran,包括 Lum,都有既得利益来否认这些指控,这将使定罪变得困难。尽管如此,根据检方的说法,总检察长还是两次提出指控,但在审判当天,当 Vincent Hoong 法官在法庭上询问时,总检察长才撤回指控。


 如果这些诉讼风险的担忧从一开始就很明显,那么为什么一开始就根据更严厉的 PCA 提出指控呢?这是一个错误吗?


显然不是,因为副检察长 Tai Wei Shyong 在法庭上澄清说,对 Iswaran 的腐败指控并没有被撤回,而是进行了修改,并重申最初提出这些指控有充分的理由。


这就引出了一个问题:为什么要修改指控?


这种令人费解的方法反映了 AGC 对 Keppel Offshore & Marine (KOM) 贿赂案的处理,在该案中,六名高管受到严厉警告,但在经过五年的调查后没有被起诉。


部长 Indranee Rajah 在议会解释说,AGC 和腐败行为调查局 (CPIB) 面临着类似的证据困难,理由是没有足够的证据来排除合理怀疑地确定有罪。


 KOM 案涉及跨境交易,当局声称这使其难以获得可在法庭上立案的证人证词或书面证据。


尽管美国调查导致双方达成暂缓起诉协议 (DPA),吉宝承认对其提出的指控并处以 4.22 亿美元罚款,但 AGC 发现 DPA 中对个人行为的提及不足以支持在新加坡进行起诉。


据称外国证人拒绝作证,关键人物否认知道支付的佣金被用作贿赂。


最终,AGC 发出严厉警告作为“中间”措施,暗示虽然没有足够的证据进行起诉,但涉案人员并非完全“脱身”。


Iswaran 案与 KOM 丑闻之间的相似之处引发了人们对 AGC 在行使检察自由裁量权方面的一致性的更广泛质疑。在这两起案件中,缩减或撤销指控的决定据称都是由于经过长时间的调查后所谓的证据不足。


 但公诉机关是否应该优先确保寻求正义,允许法庭充分审查事实,即使不能保证定罪——尤其是为了提高公众意识,并加强新加坡对腐败的零容忍政策?


在 Iswaran 的案件中,修改指控的决定可以看作是检察官为避免漫长而昂贵的审判和不确定的结果而采取的务实举措。然而,对于公众来说,这造成了对不同案件处理方式不一致的看法。


总检察长决定起诉反对党领袖 Pritam Singh,指控他涉嫌在议会委员会作证时撒谎,这进一步加强了这种看法,而总检察长的决定仅仅依靠一位承认撒谎的前国会议员的证词。

为什么 Pritam Singh 的案子看起来比 Iswaran 的案子更容易定罪,没有类似的证据挑战,而检方主要依靠口头证词?相比之下,在 Iswaran 的案子中,Ong 和 Lum 的礼物是不可否认和证实的,但总检察长却选择修改指控,因为难以证明腐败意图。

Iswaran 将于 2024 年 10 月 3 日面临宣判,检方寻求 6-7 个月监禁,而 Iswaran 的辩护则寻求最高 8 周的刑期。

无论判决如何,根本问题仍然存在:为什么总检察长一开始就提出腐败指控,却在最后一刻以证据问题为由撤销指控?


人们“认为法律不过是党派政治”。“我认为这就是我们现在所处的危险境地。”