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Law and the Modern Mind

Law and the Modern Mind PDF Author: Jerome Frank
Publisher: Routledge
ISBN: 1351509551
Category : Law
Languages : en
Pages : 494

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.

Law and the Modern Mind

Law and the Modern Mind PDF Author: Jerome Frank
Publisher: Taylor & Francis
ISBN: 135150956X
Category : Law
Languages : en
Pages : 449

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.

Law and the Modern Mind

Law and the Modern Mind PDF Author: Jerome Frank
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 368

Book Description


Law and the Modern Mind

Law and the Modern Mind PDF Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 9780674048935
Category : Law
Languages : en
Pages : 0

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.

Law and the Modern Mind

Law and the Modern Mind PDF Author: Jerome Frank
Publisher: Routledge
ISBN: 1351509551
Category : Law
Languages : en
Pages : 494

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.

The Legal Mind

The Legal Mind PDF Author: Bartosz Broz&775;ek
Publisher: Cambridge University Press
ISBN: 1108493254
Category : Law
Languages : en
Pages : 191

Book Description
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.

Classic Writings in Law and Society

Classic Writings in Law and Society PDF Author: A. Javier Trevino
Publisher: Transaction Publishers
ISBN: 1412844606
Category : Social Science
Languages : en
Pages : 389

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.

Courts on Trial

Courts on Trial PDF Author: Jerome Frank
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 472

Book Description


Law and the Modern Mind

Law and the Modern Mind PDF Author: Jerome Frank
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 362

Book Description


Law and the Modern Mind. (Sixth Printing.).

Law and the Modern Mind. (Sixth Printing.). PDF Author: Jerome New FRANK
Publisher:
ISBN:
Category :
Languages : en
Pages : 368

Book Description


Law and the Modern Mind

Law and the Modern Mind PDF Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 0674495535
Category : Law
Languages : en
Pages :

Book Description
Headline-grabbing murders are not the only cases in which sanity has been disputed in the American courtroom. Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.