The Judicial Mind, 1946-1969 PDF Download

Author: Glendon A. Schubert
Publisher: Inter-University Consortium for Political & Social Research
ISBN:
Category : Law
Languages : en
Pages : 36

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Author: Jerome Frank
Publisher: Transaction Publishers
ISBN: 1412827329
Category : Law
Languages : en
Pages : 450

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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. Frank points out that legal verdicts are supposed to result from the application of legal rules to the facts of the suit--a procedure that sounds utterly methodical. Frank argues, that profound, immeasurable biases strongly influence the judge and jury's reaction to witnesses, lawyers, and litigants. As a result, we can never know what they will believe "the facts of the suit" to be. The trial's results become unforeseeable, the lawyer's advice unreliable, and the cause of justice insecure. This edition includes the author's final preface in which he answers two decades of criticism of his position.

Author: Glendon A. Schubert
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 334

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Author: Amy Toro
Publisher:
ISBN: 9780608201207
Category :
Languages : en
Pages : 169

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Author: Brad Pasanek
Publisher: JHU Press
ISBN: 1421416891
Category : Literary Criticism
Languages : en
Pages : 391

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A pathbreaking introduction to eighteenth-century metaphors of the mind that recasts the grand narrative of the Enlightenment in terms of its tropes and figures. An encyclopedic dictionary along the lines of Voltaire’s classic Dictionnaire Philosophique, Metaphors of Mind provides an in-depth look at the myriad ways in which Enlightenment writers used figures of speech to characterize the mind. Drawn from Brad Pasanek’s massive online archive, http://metaphorized.net, this volume constitutes a veritable treasury of mental metaphorics. Dividing the book into eleven broad metaphorical categories—Animals, Coinage, Court, Empire, Fetters, Impressions, Inhabitants, Metal, Mirror, Rooms, and Writing—Pasanek maps out constellations of metaphors. He frames his collection of literary excerpts in each section with a more descriptive and theoretical discussion of what he calls “desultory reading,” a form of unsystematic perusal of writing frequently employed by Enlightenment thinkers. By surveying the printed past alongside the digital present, the book treats eighteenth-century writing as its topic while essentially exemplifying its rhetorical approach. More than an exercise in quotation, this intellectual history offers illuminating readings of fragmentary literary works and confrontations with neoclassical and contemporary theories of metaphor. The book’s entries complicate received ideas about Locke’s blank slate, question M. H. Abrams’ claims about mirrors and lamps, and chart changing frequencies of metal metaphors in a moment of industrial revolution. The book also responds to current anxieties about reading and the mass digitization of literature, touching on recent discussions of “distant reading,” “shallow reading,” and “surface reading.” Promoting critical and creative anachronism, Metaphors of Mind redefines the notion of an archive in the age of Amazon and Google Books.

Author: Derrick Darby
Publisher: University of Chicago Press
ISBN: 022652535X
Category : Education
Languages : en
Pages : 209

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American students vary in educational achievement, but white students in general typically have better test scores and grades than black students. Why is this the case, and what can school leaders do about it? In The Color of Mind, Derrick Darby and John L. Rury answer these pressing questions and show that we cannot make further progress in closing the achievement gap until we understand its racist origins. Telling the story of what they call the Color of Mind—the idea that there are racial differences in intelligence, character, and behavior—they show how philosophers, such as David Hume and Immanuel Kant, and American statesman Thomas Jefferson, contributed to the construction of this pernicious idea, how it influenced the nature of schooling and student achievement, and how voices of dissent such as Frederick Douglass, Frances Ellen Watkins Harper, and W. E. B. Du Bois debunked the Color of Mind and worked to undo its adverse impacts. Rejecting the view that racial differences in educational achievement are a product of innate or cultural differences, Darby and Rury uncover the historical interplay between ideas about race and American schooling, to show clearly that the racial achievement gap has been socially and institutionally constructed. School leaders striving to bring justice and dignity to American schools today must work to root out the systemic manifestations of these ideas within schools, while still doing what they can to mitigate the negative effects of poverty, segregation, inequality, and other external factors that adversely affect student achievement. While we cannot expect schools alone to solve these vexing social problems, we must demand that they address the dignitary injustices associated with how we track, discipline, and deal with special education that reinforce long-standing racist ideas. That is the only way to expel the Color of Mind from schools, close the racial achievement gap, and afford all children the dignity they deserve.

Author: Tema Kuda
Publisher: AuthorHouse
ISBN: 1467865990
Category : Fiction
Languages : en
Pages : 288

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Book Description
We rarely have the guts to say it, but this book does! It eclipses, principally, issues and topics that would be beneficial if discussed openly. But sadly, we seldom, if ever, have the gall to do so. It slam dunks you with food for thought -- raw. In all there are over a hundred discussions and expos?s (many with a complementary illustration) that include the following (paraphrased):The Virginia Tech myth about guns;Juveniles delinquents needed for road kill;How to marry a Canadian murderer;Some speeding tickets are Legal Highway Robbery;The genetic code for sexual orientation;The Pantyhose-Diamonds connection;Dump your wife because life is short;The prostitution solicitation mystery;IQ and geography;The FSBO myth;Put dem prosecutors in the slammer;Is Rush a new four letter word?The brain evolution puzzle;When your vote is meaningless;The intelligence behind dumb political ads;The follies of Child Support Court;No place to pee in Brooklyn;Gene mutations in Polygamist Wives;Legal Child Abuse;How to deal with a cop when stopped;Megamart myths;The Daytime Soap ? Talk Radio Connection;A High Wire Jamaican adventure;Mabel?s demise while traveling with a dish of chicken curry;How to be a rock star; and much more. Honest, satirical, humorous, thought provoking, and very candid. Not politically correct. Enjoy!“/div>

Author: Susanna L. Blumenthal
Publisher: Harvard University Press
ISBN: 0674495535
Category : Law
Languages : en
Pages :

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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.

Author: James W. Vice
Publisher: BRILL
ISBN: 9004495169
Category : Social Science
Languages : en
Pages : 294

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Book Description
The Reopening of the American Mind: On Skepticism and Constitutionalism explores the connection of moderate skepticism with attachment to constitutionalism through the thought of five writers. The features of this skepticism were concisely delineated by James Madison in the 37th Federalist as a recognition of the complexity of political matters, the limitations of human reason, and the shortcomings of language. The position was first articulated by Cicero who connected it with the idea of a mixed or republican constitution developed by trial and error over generations. Cicero was influential in the world of David Hume, Edmund Burke, and Madison. The skeptical/constitutional connection found its most articulate recent advocate in Supreme Court Justice Felix Frankfurter and underlay his advocacy of judicial restraint. Current events have revived interest in the primacy of the legislative branch in balancing interests and rights, in the States as laboratories for democracy, and in an experimental approach to the solution of social problems in what might be called a reopening of the American mind. The five central chapters explore the skeptical/constitutional connection and the spirit of moderation in these political thinkers. Without an appreciation of this tradition of avoiding dogmatism, people will continue to demand simple answers to complex problems. The book is not, however, primarily a tract for the times but a reflection on the on-going search for a more civil world.

Author: Scotland. Court of Session
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1416

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