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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: 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: Fenwicke Lindsay Holmes
Publisher:
ISBN:
Category : Mental healing
Languages : en
Pages : 242
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Book Description
Author: A. Javier Trevino
Publisher: Transaction Publishers
ISBN: 1412844606
Category : Social Science
Languages : en
Pages : 389
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Book Description
This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross’s Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn’s Jurisprudence: Realism in Theory and Practice, Jerome Frank’s Law and the Modern Mind, Leon Petrazycki’s Law and Morality, and Karl Renner’s The Institutions of Private Law and their Social Functions. The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars—ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars’ work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought. Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry—an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.
Author: John Dewey
Publisher: SIU Press
ISBN: 0809330806
Category : Philosophy
Languages : en
Pages : 401
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Book Description
800x600Normal0falsefalsefalseEN-USX-NONEX-NONEMicrosoftInternetExplorer4 In 1947 America’s premier philosopher, educator, and public intellectual John Dewey purportedly lost his last manuscript on modern philosophy in the back of a taxicab. Now, sixty-five years later, Dewey’s fresh and unpretentious take on the history and theory of knowledge is finally available. Editor Phillip Deen has taken on the task of editing Dewey’s unfinished work, carefully compiling the fragments and multiple drafts of each chapter that he discovered in the folders of the Dewey Papers at the Special Collections Research Center at Southern Illinois University Carbondale. He has used Dewey’s last known outline for the manuscript, aiming to create a finished product that faithfully represents Dewey’s original intent. An introduction and editor’s notes by Deen and a foreword by Larry A. Hickman, director of the Center for Dewey Studies, frame this previously lost work. In Unmodern Philosophy and Modern Philosophy, Dewey argues that modern philosophy is anything but; instead, it retains the baggage of outdated and misguided philosophical traditions and dualisms carried forward from Greek and medieval traditions. Drawing on cultural anthropology, Dewey moves past the philosophical themes of the past, instead proposing a functional model of humanity as emotional, inquiring, purposive organisms embedded in a natural and cultural environment. Dewey begins by tracing the problematic history of philosophy, demonstrating how, from the time of the Greeks to the Empiricists and Rationalists, the subject has been mired in the search for immutable absolutes outside human experience and has relied on dualisms between mind and body, theory and practice, and the material and the ideal, ultimately dividing humanity from nature. The result, he posits, is the epistemological problem of how it is possible to have knowledge at all. In the second half of the volume, Dewey roots philosophy in the conflicting beliefs and cultural tensions of the human condition, maintaining that these issues are much more pertinent to philosophy and knowledge than the sharp dichotomies of the past and abstract questions of the body and mind. Ultimately, Dewey argues that the mind is not separate from the world, criticizes the denigration of practice in the name of theory, addresses the dualism between matter and ideals, and questions why the human and the natural were ever separated in philosophy. The result is a deeper understanding of the relationship among the scientific, the moral, and the aesthetic. More than just historically significant in its rediscovery, Unmodern Philosophy and Modern Philosophy provides an intriguing critique of the history of modern thought and a positive account of John Dewey’s naturalized theory of knowing. This volume marks a significant contribution to the history of American thought and finally resolves one of the mysteries of pragmatic philosophy.
Author: Robert Greene
Publisher: Penguin
ISBN: 0670881465
Category : Self-Help
Languages : en
Pages : 481
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Book Description
Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.
