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Law And The Mind
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Download or read book Law and Mind written by Bartosz Brożek and published by Cambridge University Press. This book was released on 2021-04-29 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.
Book Synopsis Law and the Modern Mind by : Susanna L. Blumenthal
Download or read book Law and the Modern Mind written by Susanna L. Blumenthal and published by Harvard University Press. This book was released on 2016-02-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law, Mind and Brain by : Michael Freeman
Download or read book Law, Mind and Brain written by Michael Freeman and published by Routledge. This book was released on 2017-05-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general. The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence. They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.
Book Synopsis Law and the Postmodern Mind by : Peter Goodrich
Download or read book Law and the Postmodern Mind written by Peter Goodrich and published by University of Michigan Press. This book was released on 2009-12-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law and the Modern Mind by : Jerome Frank
Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. 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.
Book Synopsis The Law Of Mind In Action by : Fenwicke L. Holmes
Download or read book The Law Of Mind In Action written by Fenwicke L. Holmes and published by Jazzybee Verlag. This book was released on 2014-06-10 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a law of healing so plain that even a child can understand it, so fundamental that the ablest mind has never yet thought through all the facts and phenomena of life that rest upon it. It is the purpose of this book to make this law plain. The greatest power in the world is the power of thought, for it is Creative Mind in action. Nothing exists that did not first exist in thought from the first sun that blazed only in the Mind of the Creator, to the last doll-dress fashioned by a childish hand. Science supports the fact that the first movement in nature can have come only from the application of an immaterial force or Will to the primary etheric particles otherwise in a perfect state of equilibrium. It must leave to metaphysics not only an explanation of the Will that moves but also the substance that is moved. This, then, it is the province of this book to show with all that it entails. Since an act of Will is an act of mind, we concern ourselves with the activity of a Creative Mind. Again since Mind acts creatively, there is a way in which it acts. We must also, therefore, teach the way. It is to teach this way that the Bible was written, that Jesus lived and taught. This way has been known for many centuries but has always been taught in terms of the understanding of the day in which the teacher lived. The Great Metaphysician taught largely in parables and oriental figures of speech. But He taught "the Way" and his followers were called the People of the Way.
Book Synopsis Law and the Modern Mind by : Jerome Frank
Download or read book Law and the Modern Mind written by Jerome Frank and published by . This book was released on 1936 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Mind of the Criminal by : Reid Griffith Fontaine
Download or read book The Mind of the Criminal written by Reid Griffith Fontaine and published by Cambridge University Press. This book was released on 2012-01-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the excusing nature of traditional and non-traditional criminal law defenses and questions the structure of these based on scientific findings.
Download or read book The Legal Mind written by Daniel W. Park and published by CreateSpace. This book was released on 2013-11-26 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is the law so complicated? Why is it so hard to prove that someone else is lying? How can you get people to believe you're telling the truth? Why does it seem that lawyers always find something to argue about? In short, what is the law thinking? The Legal Mind is your backstage pass to the logic of the law and the legal system. The Legal Mind explains how the law finds facts and establishes rules in the face of deliberate deception, the fallibility of memory, the frailty of vision, and the ambiguity of language. Learn why seeing should not necessarily lead to believing, why circumstantial evidence is sometimes the best evidence, and why even the clearest rules almost always leave room for argument and debate. Smart, engaging, and insightful, The Legal Mind will delight and inform everyone who has ever wanted to know how the law works and why the legal system is the way it is.
Book Synopsis A Clearing in the Forest by : Steven L. Winter
Download or read book A Clearing in the Forest written by Steven L. Winter and published by University of Chicago Press. This book was released on 2003-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest.
Book Synopsis Meaning, Mind and Law by : Dennis Michael Patterson
Download or read book Meaning, Mind and Law written by Dennis Michael Patterson and published by Lund Humphries Publishers. This book was released on 2008 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important collection of papers, Dennis Patterson continues to show the importance of Wittgenstein's thought for problems in legal theory. Ranging across issues in the philosophy of mind to questions of meaning and normativity, this collection of papers is essential reading for anyone with an interest in legal theory.
Download or read book A Real Mind written by Patricia Mindus and published by Springer Science & Business Media. This book was released on 2009-09-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive presentation of Axel Hägerström (1868-1939) fills a void in nearly a century of literature, providing both the legal and political scholar and the non-expert reader with a proper introduction to the father of Scandinavian realism. Based on his complete work, including unpublished material and personal correspondence selected exclusively from the Uppsala archives, A Real Mind follows the chronological evolution of Hägerström’s intellectual enterprise and offers a full account of his thought. The book summarizes Hägerström’s main arguments while enabling further critical assessment, and tries to answer such questions as: If norms are neither true nor false, how can they be adequately understood on the basis of Hägerström’s theory of knowledge? Did the founder of the Uppsala school uphold emotivism in moral philosophy? What consequences does such a standpoint have in practical philosophy? Is he really the inspiration behind Scandinavian state absolutism?A Real Mind places the complex web of issues addressed by Hägerström within the broader context of 20th century philosophy, stretching from epistemology to ethics. His philosophy of law is examined in the core chapters of the book, with emphasis on the will-theory and the relation between law and power. The narrative is peppered with vignettes from Hägerström’s life, giving an insightful and highly readable portrayal of a thinker who put his imprint on legal theory. The appendix provides a selected bibliography and a brief synopsis of the major events in his life, both private and intellectual.
Book Synopsis The Law of Mentalism by : A. Victor Segno
Download or read book The Law of Mentalism written by A. Victor Segno and published by . This book was released on 1902 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Renewing Your Mind As You Study Law by : Oak Brook College of Law and Government Policy
Download or read book Renewing Your Mind As You Study Law written by Oak Brook College of Law and Government Policy and published by . This book was released on 2001 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Laying Down the Law by : Pierre Schlag
Download or read book Laying Down the Law written by Pierre Schlag and published by NYU Press. This book was released on 1998-10-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century. --Choice, May 1997 Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover. --J. M. Balkin, Lafayette S. Foster Professor, Yale Law School At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law. His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.
Book Synopsis Minding the Law by : Anthony G. AMSTERDAM
Download or read book Minding the Law written by Anthony G. AMSTERDAM and published by Harvard University Press. This book was released on 2009-06-30 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
Book Synopsis Law and the Mind by : Margaret Gruter
Download or read book Law and the Mind written by Margaret Gruter and published by SAGE Publications, Incorporated. This book was released on 1991-02-21 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major contribution to the developing field of law and biology, this volume outlines Gruter's vision of what is particularly salient in modern biological theory for the law and applies these findings to two specific areas - family law and environmental law. By concentrating on ethology, in particular how animals behave in groups, Gruter contends that the door is opened onto insights into human law. A basic proposition of the book is that legal research and practice can keep pace more effectively with changes in human society when findings from the biological sciences are known, understood and incorporated into legal thinking and practice.
