The Judicial Mind, 1946-1969 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Judicial Mind, 1946-1969 PDF full book. Access full book title The Judicial Mind, 1946-1969 by Glendon A. Schubert. Download full books in PDF and EPUB format.
Author: Glendon A. Schubert
Publisher: Inter-University Consortium for Political & Social Research
ISBN:
Category : Law
Languages : en
Pages : 36
Get Book Here
Book Description
Author: Glendon A. Schubert
Publisher: Inter-University Consortium for Political & Social Research
ISBN:
Category : Law
Languages : en
Pages : 36
Get Book Here
Book Description
Author: Brice Dickson
Publisher: Bloomsbury Publishing
ISBN: 1509944796
Category : Law
Languages : en
Pages : 432
Get Book Here
Book Description
This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.
Author: Glendon A. Schubert
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 332
Get Book Here
Book Description
Author: Bartosz Broz&775;ek
Publisher: Cambridge University Press
ISBN: 1108493254
Category : Law
Languages : en
Pages : 191
Get Book Here
Book Description
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Author: Jerome Frank
Publisher: Routledge
ISBN: 1351509551
Category : Law
Languages : en
Pages : 494
Get Book Here
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: Glendon Schubert
Publisher:
ISBN:
Category :
Languages : en
Pages : 295
Get Book Here
Book Description
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 9780674048935
Category : Law
Languages : en
Pages : 0
Get Book Here
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: Glendon A. Schubert
Publisher: Free Press
ISBN:
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
Author: Robert Nagel
Publisher: Routledge
ISBN: 1351298380
Category : Law
Languages : en
Pages : 213
Get Book Here
Book Description
Robert Nagel's innovative volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power.Nagel argues that the problem with the modern judicial role is cultural and political. He demonstrates that judges, especially Supreme Court justices, have degraded our political discourse, intensified social conflict, and drained moral confidence.By examining modern Supreme Court confirmation hearings along with certain classic legal writings, Nagel shows how modern lawyers have a broad consensus on how to interpret the Constitution and, more generally, how to think about law. One major component of this mindset is to combine realism with legalism in ways that naturally tend to expand the judiciary's imperial role. Realism counsels that decisions are inevitably partly personal and therefore cannot be conclusively justified while legalism imparts the sense that the judge's interpretation is the best one possible. This combination of the personal and political, along with other aspects of modem legal thinking and training, means that judges are not only unconstrained by professional norms but actually are impelled by them to use power expansively.This issue is important to every person living in the U.S., as the Supreme Court's decisions concern everyone in the nation. It has the potential to be read by lawmakers, lawyers, students of law and political science, and anyone interested in Constitutional law. The thesis is unique and the execution is precise.
Author: Oliver Wendell Holmes
Publisher: Transaction Publishers
ISBN: 1412837820
Category : Constitutional law
Languages : en
Pages : 550
Get Book Here
Book Description
