July 6, 2022
Law and the Modern Mind Book

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Law and the Modern Mind

By Jerome Frank,Brian H. Bix
  • ISBN Code: : 1351509551
  • Publisher : Routledge
  • Pages : 448
  • Category : Law
  • Reads : 736
  • Book Compatibility : Pdf, ePub, Mobi, Kindle
  • Pdf : law-and-the-modern-mind.pdf

Book Excerpt :

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.

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The Electronic Media and the Transformation of Law

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 9780195364446
  • Total of Pages : 368
  • Category : Law
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  • Pdf File: the-electronic-media-and-the-transformation-of-law.pdf

Book Short Summary:

Highly publicized legal cases, such as those involving libel verdicts, obscenity prosecutions, the First Amendment, and other areas of media law have focused attention on only one part of the media's impact on law. This study, the first to explore the broad influence of computers and television on the future of the legal process, explains the critical role of information and argues that the influence of the new modes of communication can be seen in changes occurring in many areas of the law. These areas include the goals and purposes of law, the doctrines and rules of law, the processes law uses to settle disputes and shape behavior, the legal profession, and the values and concepts that underlie our system of law.

The Transformation of American Law, 1870-1960

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 9780199729081
  • Total of Pages : 384
  • Category : Law
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  • Pdf File: the-transformation-of-american-law-1870-1960.pdf

Book Short Summary:

When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Walter de Gruyter
  • Book Code : 3110944847
  • Total of Pages : 320
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  • Pdf File: the-nuremberg-trials.pdf

Book Short Summary:

60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Yale University Press
  • Book Code : 0300190085
  • Total of Pages : 320
  • Category : Law
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  • Pdf File: law-and-the-unconscious.pdf

Book Short Summary:

How do we bring the law into line with people’s psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes—behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system’s highest ideals of individual fairness and systemic justice.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1351528130
  • Total of Pages : 388
  • Category : Social Science
  • Members : 848
  • Pdf File: classic-writings-in-law-and-society.pdf

Book Short Summary:

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 scholarsranging 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 inquiryan 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.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Book Code : 9401164290
  • Total of Pages : 244
  • Category : History
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  • Pdf File: the-passionate-liberal.pdf

Book Short Summary:

Jerome Frank was one of the most important spokesmen for the generation of liberal intellectuals who came to maturity during the period of Franklin Roosevelt's New Deal. He was never a major figure in public life and thus never became a symbol of the period as did President Roosevelt, Henry Wallace, Harry Hopkins, or others whose positions made their views acces sible to the entire reading and listening public. While these men represented the popular view of the New Deal with its dedication to the elimination of the economic misery which beset the nation during the nineteen thirties, Frank may be the New Deal figure who most accurately summarized the intellectual currents of the period. As is the case with all thinkers, most of the ideas Frank presented in his books, articles, speeches, and in actual practice in governmental service were drawn from the works of other men. He brought together many diverse strains of thought, contributed some of his own ideas, and wove these to gether into a pattern which typifies the intellectual atmosphere that was the New Deal.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1350079340
  • Total of Pages : 248
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  • Pdf File: a-cultural-history-of-law-in-the-modern-age.pdf

Book Short Summary:

The period since the First World War has been a century distinguished by the loss of any unitary foundation for truth, ethics, and the legitimate authority of law. With the emergence of radical pluralism, law has become the site of extraordinary creativity and, on occasion, a source of rights for those historically excluded from its protection. A Cultural History of Law in the Modern Age tells stories of human struggles in the face of state authority – including Aboriginal land claims, popular resistance to corporate power, and the inter-generational ramifications of genocidal state violence. The essays address how, and with what effects, different expressive modes (ceremonial dance, live street theater, the acoustics of radio, the affective range of film, to name a few) help to construct, memorialize, and disseminate political and legal meaning. Drawing upon a wealth of visual, textual and sound sources, A Cultural History of Law in the Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Springer Science & Business Media
  • Book Code : 9401705542
  • Total of Pages : 171
  • Category : Law
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  • Pdf File: discovery-in-legal-decision-making.pdf

Book Short Summary:

This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.

Dictionary Of Modern American Philosophers

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1847144705
  • Total of Pages : 2000
  • Category : Philosophy
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  • Pdf File: dictionary-of-modern-american-philosophers.pdf

Book Short Summary:

The Dictionary of Modern American Philosophers includes both academic and non-academic philosophers, and a large number of female and minority thinkers whose work has been neglected. It includes those intellectuals involved in the development of psychology, pedagogy, sociology, anthropology, education, theology, political science, and several other fields, before these disciplines came to be considered distinct from philosophy in the late nineteenth century. Each entry contains a short biography of the writer, an exposition and analysis of his or her doctrines and ideas, a bibliography of writings, and suggestions for further reading. While all the major post-Civil War philosophers are present, the most valuable feature of this dictionary is its coverage of a huge range of less well-known writers, including hundreds of presently obscure thinkers. In many cases, the Dictionary of Modern American Philosophers offers the first scholarly treatment of the life and work of certain writers. This book will be an indispensable reference work for scholars working on almost any aspect of modern American thought.

Making of the Modern Mind

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : A&C Black
  • Book Code : 1847142869
  • Total of Pages : 256
  • Category : Philosophy
  • Members : 247
  • Pdf File: making-of-the-modern-mind.pdf

Book Short Summary:

The Making of the Modern Mind traces the emergence of "consciousness" in social thought from the 17th Century to the 21st. Against the classical notions of consciousness and self, alternative agendas began to be developed in the 19th Century by figures as diverse as Marx and Nietzsche. The struggles between classical conceptions of consciousness and these alternatives--which promised more radical and emancipatory interpretations--continued into the 20th Century.From the start, the concept of "consciousness" connected with a range of other notions. Questions of the self and of identity were widely disputed in the Enlightenment whilst the 20th Century contributed new concerns, chiefly the philosophical issues of being and acting and the problematic status of reality for a theory of mind. Today, consciousness is viewed much more as a public and linguistic world rather than a private and mentalistic one.The Making of the Modern Mind explores the contemporary debates around consciousness and identity, crucially setting the analysis within its social and historical context. Written in a clear and engaging style, the book will be of interest to students in Philosophy, Psychology, Sociology and Anthropology.

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  • Publisher : Routledge
  • Book Code : 1351576224
  • Total of Pages : 644
  • Category : Law
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  • Pdf File: aquinas-and-modern-law.pdf

Book Short Summary:

This volume collects some of the best recent writings on St. Thomass philosophy of law and includes a critical examination of Aquinass theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinass writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : W. W. Norton & Company
  • Book Code : 0393248690
  • Total of Pages : 608
  • Category : Psychology
  • Members : 365
  • Pdf File: soul-machine.pdf

Book Short Summary:

A brilliant and comprehensive history of the creation of the modern Western mind. Soul Machine takes us back to the origins of modernity, a time when a crisis in religious authority and the scientific revolution led to searching questions about the nature of human inner life. This is the story of how a new concept—the mind—emerged as a potential solution, one that was part soul and part machine, but fully neither. In this groundbreaking work, award-winning historian George Makari shows how writers, philosophers, physicians, and anatomists worked to construct notions of the mind as not an ethereal thing, but a natural one. From the ascent of Oliver Cromwell to the fall of Napoleon, seminal thinkers like Hobbes, Locke, Diderot, and Kant worked alongside often-forgotten brain specialists, physiologists, and alienists in the hopes of mapping the inner world. Conducted in a cauldron of political turmoil, these frequently shocking, always embattled efforts would give rise to psychiatry, mind sciences such as phrenology, and radically new visions of the self. Further, they would be crucial to the establishment of secular ethics and political liberalism. Boldly original, wide-ranging, and brilliantly synthetic, Soul Machine gives us a masterful, new account of the making of the modern Western mind.

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000578763
  • Total of Pages : 238
  • Category : Law
  • Members : 728
  • Pdf File: a-new-introduction-to-legal-method.pdf

Book Short Summary:

A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.

Emotional Dynamics of Law and Legal Discourse

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  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1509902465
  • Total of Pages : 320
  • Category : Law
  • Members : 513
  • Pdf File: emotional-dynamics-of-law-and-legal-discourse.pdf

Book Short Summary:

In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.

The Legal Realism of Jerome N. Frank

By Julius Paul
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  • Publisher : Springer
  • Book Code : 9401194939
  • Total of Pages : 177
  • Category : Law
  • Members : 217
  • Pdf File: the-legal-realism-of-jerome-n-frank.pdf

Book Short Summary:

Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.

The Legal Philosophy and Influence of Jeremy Bentham

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  • Publisher : Routledge
  • Book Code : 1317664744
  • Total of Pages : 422
  • Category : Business & Economics
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  • Pdf File: the-legal-philosophy-and-influence-of-jeremy-bentham.pdf

Book Short Summary:

Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.

The Modern Mind

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  • Publisher : Harper Collins
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  • Total of Pages : 864
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  • Pdf File: the-modern-mind.pdf

Book Short Summary:

From Freud to Babbitt, from Animal Farm to Sartre to the Great Society, from the Theory of Relativity to counterculture to Kosovo, The Modern Mind is encyclopedic, covering the major writers, artists, scientists, and philosophers who produced the ideas by which we live. Peter Watson has produced a fluent and engaging narrative of the intellectual tradition of the twentieth century, and the men and women who created it.

Law in Theory and History

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  • Publisher : Bloomsbury Publishing
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  • Total of Pages : 368
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  • Pdf File: law-in-theory-and-history.pdf

Book Short Summary:

This collection of original essays brings together leading legal historians and theorists to explore the oft-neglected but important relationship between these two disciplines. Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.

The American Judicial Tradition

By G. Edward White
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  • Publisher : Oxford University Press
  • Book Code : 019028613X
  • Total of Pages : 592
  • Category : Political Science
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  • Pdf File: the-american-judicial-tradition.pdf

Book Short Summary:

In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.

Words That Bind

By John Arthur
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 0429971508
  • Total of Pages : 236
  • Category : Political Science
  • Members : 968
  • Pdf File: words-that-bind.pdf

Book Short Summary:

Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.

Beyond the Formalist-Realist Divide

By Brian Z. Tamanaha
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Princeton University Press
  • Book Code : 1400831989
  • Total of Pages : 264
  • Category : Law
  • Members : 135
  • Pdf File: beyond-the-formalist-realist-divide.pdf

Book Short Summary:

According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Social Cohesion and Legal Coercion

By Leon Shaskolsky Sheleff
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Rodopi
  • Book Code : 9789042001855
  • Total of Pages : 402
  • Category : Philosophy
  • Members : 837
  • Pdf File: social-cohesion-and-legal-coercion.pdf

Book Short Summary:

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism.

Ottoman Rule of Law and the Modern Political Trial

By Avi Rubin
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Syracuse University Press
  • Book Code : 0815654553
  • Total of Pages : 243
  • Category : History
  • Members : 783
  • Pdf File: ottoman-rule-of-law-and-the-modern-political-trial.pdf

Book Short Summary:

In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his cham- bers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the defendants was the world-famous statesman former Grand Vizier and reformer Ahmed Midhat Pasa, a political foe of the autocratic sultan Abdülhamit II, who succeeded Abdülaziz and ruled the empire for thirty-three years. The alleged murder of the former sultan and the trial that ensued were political dramas that captivated audiences both domestically and internationally. The high-profile personalities involved, the international politics at stake, and the intense newspaper coverage all rendered the trial an historic event, but the question of whether the sultan was murdered or committed suicide re- mains a mystery that continues to be relevant in Turkey today. Drawing upon a wide range of narrative and archival sources, Rubin explores the famous yet understudied trial and its representations in contemporary public discourse and subsequent historiography. Through the reconstruction and analysis of various aspects of the trial, Rubin identifies the emergence of a new culture of legalism that sustained the first modern political trial in the history of the Middle East.

The Routledge Research Companion to Law and Humanities in Nineteenth-Century America

By Nan Goodman,Simon Stern
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Taylor & Francis
  • Book Code : 1317042972
  • Total of Pages : 372
  • Category : Literary Criticism
  • Members : 641
  • Pdf File: the-routledge-research-companion-to-law-and-humanities-in-nineteenth-century-america.pdf

Book Short Summary:

Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

Philosophical Foundations of the Law of Equity

By Dennis Klimchuk,Irit Samet,Henry E. Smith
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Oxford University Press
  • Book Code : 0192549863
  • Total of Pages : 400
  • Category : Law
  • Members : 987
  • Pdf File: philosophical-foundations-of-the-law-of-equity.pdf

Book Short Summary:

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Research Handbook on Modern Legal Realism

By Shauhin Talesh,Elizabeth Mertz,Heinz Klug
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Edward Elgar Publishing
  • Book Code : 1788117778
  • Total of Pages : 544
  • Category : Law
  • Members : 782
  • Pdf File: research-handbook-on-modern-legal-realism.pdf

Book Short Summary:

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.

Studies in Law, Politics and Society

By Austin Sarat
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Emerald Group Publishing
  • Book Code : 1849506973
  • Total of Pages : 216
  • Category : Law
  • Members : 628
  • Pdf File: studies-in-law-politics-and-society.pdf

Book Short Summary:

Brings together research on law's cultural life and on institutions and actors who translate interests, preferences, and values into legal policy. This work offers perspectives from an interdisciplinary and international community and contains contributions from scholars of theology, political science, criminology, bio-ethics, and law.

Virtue, Emotion and Imagination in Law and Legal Reasoning

By Amalia Amaya,Maksymilian Del Mar
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 1509925155
  • Total of Pages : 304
  • Category : Law
  • Members : 730
  • Pdf File: virtue-emotion-and-imagination-in-law-and-legal-reasoning.pdf

Book Short Summary:

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.

The Function of Law in the International Community

By Hersch Lauterpacht
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : OUP Oxford
  • Book Code : 0191029785
  • Total of Pages : 528
  • Category : Law
  • Members : 407
  • Pdf File: the-function-of-law-in-the-international-community.pdf

Book Short Summary:

The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.

Scholars of Tort Law

By James Goudkamp,Donal Nolan
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Bloomsbury Publishing
  • Book Code : 150991059X
  • Total of Pages : 424
  • Category : Law
  • Members : 911
  • Pdf File: scholars-of-tort-law.pdf

Book Short Summary:

The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Law and Society

By Steven Vago,Steven E. Barkan
  • File : Pdf, ePub, Mobi, Kindle
  • Publisher : Routledge
  • Book Code : 1000378012
  • Total of Pages : 298
  • Category : Social Science
  • Members : 712
  • Pdf File: law-and-society.pdf

Book Short Summary:

This new edition of the landmark text Law and Society exposes readers to the dominant theoretical perspectives and sociological methods that are used to explain the interplay between law and society. This twelfth edition continues to preserve Professor Vago’s voice, while Steven E. Barkan’s use of chapter outlines and summaries, learning objectives, key terms, and additional readings maintains the text’s accessibility for today’s readers. The book’s foundational approach is brought fully up-to-date with current events and new studies throughout that illustrate how legal forces shape and influence society, and vice versa. These additions include: Updated data on trial and conviction data in federal district courts Updated data on sexual harassment of attorneys and new data on representation of women and people of color among law school faculty New discussions of legal issues arising from the Covid-19 pandemic. The twelfth edition of Law and Society is a cornerstone companion for one-semester undergraduate courses in Law and Society, Sociology of Law, and Introduction to Law offered within departments of Sociology, Criminal Justice, and Political Science.