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Author: Jerome Frank
Publisher: Taylor & Francis
ISBN: 135150956X
Category : Law
Languages : en
Pages : 449
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Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Jerome Frank
Publisher: Taylor & Francis
ISBN: 135150956X
Category : Law
Languages : en
Pages : 449
Get Book
Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Jerome Frank
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 368
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Book Description
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 9780674048935
Category : Law
Languages : en
Pages : 0
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Book Description
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Author: Jerome Frank
Publisher: Routledge
ISBN: 1351509551
Category : Law
Languages : en
Pages : 494
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Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Bartosz Broz&775;ek
Publisher: Cambridge University Press
ISBN: 1108493254
Category : Law
Languages : en
Pages : 191
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Book Description
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Author: Fenwicke Lindsay Holmes
Publisher:
ISBN:
Category : Mental healing
Languages : en
Pages : 242
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Book Description
Author: Peter Goodrich
Publisher: University of Michigan Press
ISBN: 0472023101
Category : Law
Languages : en
Pages : 328
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Book Description
David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
Author: Greg Lukianoff
Publisher: Penguin
ISBN: 0735224919
Category : Social Science
Languages : en
Pages : 354
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Book Description
New York Times Bestseller • Finalist for the 2018 National Book Critics Circle Award in Nonfiction • A New York Times Notable Book • Bloomberg Best Book of 2018 “Their distinctive contribution to the higher-education debate is to meet safetyism on its own, psychological turf . . . Lukianoff and Haidt tell us that safetyism undermines the freedom of inquiry and speech that are indispensable to universities.” —Jonathan Marks, Commentary “The remedies the book outlines should be considered on college campuses, among parents of current and future students, and by anyone longing for a more sane society.” —Pittsburgh Post-Gazette Something has been going wrong on many college campuses in the last few years. Speakers are shouted down. Students and professors say they are walking on eggshells and are afraid to speak honestly. Rates of anxiety, depression, and suicide are rising—on campus as well as nationally. How did this happen? First Amendment expert Greg Lukianoff and social psychologist Jonathan Haidt show how the new problems on campus have their origins in three terrible ideas that have become increasingly woven into American childhood and education: What doesn’t kill you makes you weaker; always trust your feelings; and life is a battle between good people and evil people. These three Great Untruths contradict basic psychological principles about well-being and ancient wisdom from many cultures. Embracing these untruths—and the resulting culture of safetyism—interferes with young people’s social, emotional, and intellectual development. It makes it harder for them to become autonomous adults who are able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to promote the spread of these untruths. They explore changes in childhood such as the rise of fearful parenting, the decline of unsupervised, child-directed play, and the new world of social media that has engulfed teenagers in the last decade. They examine changes on campus, including the corporatization of universities and the emergence of new ideas about identity and justice. They situate the conflicts on campus within the context of America’s rapidly rising political polarization and dysfunction. This is a book for anyone who is confused by what is happening on college campuses today, or has children, or is concerned about the growing inability of Americans to live, work, and cooperate across party lines.
Author: Joseph Henry Beale
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 282
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Book Description
Author: Lynne Marie Kohm
Publisher: Rowman & Littlefield
ISBN: 1793604959
Category : Business & Economics
Languages : en
Pages : 167
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Book Description
Law and Economics in Jane Austen traces principles of law and economics in sex, marriage and romance as set out in the novels of Jane Austen, unveiling how those meticulous principles still control today’s modern romance. You will learn fascinating new insights into law and economics by seeing these disciplines through Jane Austen’s eyes. Readers who find themselves wishing Jane Austen had written just one more novel, or that she had somewhere offered more examination and analysis of her characters’ predicaments, or who desire to go deeper with her investigation of love, money and culture will praise this book. Discovering the legal and economic principles that drove her stories, Jane Austen’s Law & Economics reveals that the more things change, the more they stay the same. Love and money are constants in social connection. While culture may have changed over 300 years, principles of law and economics remain staples of modern romance – which is why Jane Austen continues to fascinate the modern mind. So sit back, enjoy, and be pleasantly taught and surprised at what you will learn from the methodical mind of Jane.
