Law and the Modern Mind

Author: Jerome Frank

Publisher: Routledge

ISBN: 1351509551

Category: Social Science

Page: N.A

View: 7512

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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

Consciousness and Responsibility in American Legal Culture

Author: Susanna L. Blumenthal

Publisher: N.A

ISBN: 9780674048935

Category: History

Page: 400

View: 2690

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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.

Lebe nach deinen eigenen Regeln

10 Schritte zum unkonventionellen Denken

Author: Vishen Lakhiani

Publisher: Ullstein Buchverlage

ISBN: 3843715629

Category: Body, Mind & Spirit

Page: 352

View: 577

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Was, wenn all unsere Ideen und Konzepte von Liebe, Spiritualität, Arbeit und Glück auf falschen Regeln basieren? Vishen Lakhiani, der Shootingstar im Bereich Persönlichkeitsentwicklung, zeigt, wie wir lernen können, unkonventionell zu denken. Er verbindet moderne Spiritualität, methodisches Denken, Ideenreichtum und Humor zu einem revolutionären 10-Punkte-Programm für ein neues, gesteigertes Verständnis des menschlichen Selbst. So kann jeder sein volles Potential entfalten und ein glückliches und außergewöhnliches Leben führen. Dieses Buch stellt bestehende Normen auf den Kopf und erklärt, wie man ein Leben nach ganz eigenen Maßstäben führt. Es ebnet den Weg zu kreativer Selbstverwirklichung.

Miracles and the Modern Mind

A Defense of Biblical Miracles

Author: Norman Geisler

Publisher: Wipf and Stock Publishers

ISBN: 1592447325

Category: Religion

Page: 164

View: 7369

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That miracles exist is an important part of the Christian tradition, yet a brief survey of modern thought reveals a marked prejudice against this notion. Here, Geisler shows how the laws of logic and science speak to the reasonableness of miracles. A dispassionate look at the facts and arguments demands that doubters question their own naturalistic assumptions. Geisler also describes signs, wonders, and power, contrasting what the Bible means by a miracle with bizarre stories of saints, faith healers, and occultists. A continuation of his work begun in 'Miracles and Modern Thought', 'Miracles and the Modern Mind' includes extensive revisions and additions.

The Electronic Media and the Transformation of Law

Author: M. Ethan Katsh

Publisher: Oxford University Press

ISBN: 9780195364446

Category: Law

Page: 368

View: 2915

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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 Passionate Liberal: The Political and Legal Ideas of Jerome Frank

The Political and Legal Ideas of Jerome N. Frank

Author: W.E. Volkomer

Publisher: Springer Science & Business Media

ISBN: 9401164290

Category: History

Page: 244

View: 1707

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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.

The Nuremberg Trials: International Criminal Law Since 1945

60th Anniversary International Conference

Author: Lawrence Raful

Publisher: Walter de Gruyter

ISBN: 3110944847

Category: History

Page: 320

View: 7041

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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.

The Legal Realism of Jerome N. Frank

A Study of Fact-Skepticism and the Judicial Process

Author: Julius Paul

Publisher: Springer

ISBN: 9401194939

Category: Law

Page: 177

View: 8768

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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.

Psychologie des Massen

Author: Gustave Le Bon

Publisher: FV Éditions

ISBN: N.A

Category: Psychology

Page: 170

View: 6647

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"Das Überraschendste an einer psychologischen Masse ist: welcher Art auch die einzelnen sein mögen, die sie bilden, wie ähnlich oder unähnlich ihre Lebensweise, Beschäftigungen, ihr Charakter oder ihre Intelligenz ist, durch den bloßen Umstand ihrer Umformung zu Masse besitzen sie eine Art Gemeinschaftsseele, vermöge deren sie in ganz andrer Weise fühlen, denken und handeln, als jedes von ihnen für sich fühlen, denken und handeln würde. Es gibt gewisse Ideen und Gefühle, die nur bei den zu Massen verbundenen einzelnen auftreten oder sich in Handlungen umsetzen." G. Le Bon

Classic Writings in Law and Society

Second Edition, Revised and Expanded

Author: A. Javier Trevino

Publisher: Transaction Publishers

ISBN: 1412844606

Category: Social Science

Page: 388

View: 1713

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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.

`Discovery' in Legal Decision-Making

Author: B. Anderson

Publisher: Springer Science & Business Media

ISBN: 9401705542

Category: Law

Page: 171

View: 8580

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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.

Law and the mind

biological origins of human behavior

Author: Margaret Gruter

Publisher: Sage Publications, Inc

ISBN: 9780803940451

Category: Education

Page: 157

View: 6803

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"With diverse backgrounds, the contributors draw upon new discoveries and insights from the biologically based behavioral sciences that are critical for an enlightened understanding of legal phenomena."

The Handbook of Law and Society

Author: Austin Sarat,Patricia Ewick

Publisher: John Wiley & Sons

ISBN: 1118701461

Category: Political Science

Page: 488

View: 4691

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Bringing a timely synthesis to the field, The Handbook of Law and Society presents a comprehensive overview of key research findings, theoretical developments, and methodological controversies in the field of law and society. Provides illuminating insights into societal issues that pose ongoing real-world legal problems Offers accessible, succinct overviews with in-depth coverage of each topic, including its evolution, current state, and directions for future research Addresses a wide range of emergent topics in law and society and revisits perennial questions about law in a global world including the widening gap between codified laws and “law in action”, problems in the implementation of legal decisions, law’s constitutive role in shaping society, the importance of law in everyday life, ways legal institutions both embrace and resist change, the impact of new media and technologies on law, intersections of law and identity, law’s relationship to social consensus and conflict, and many more Features contributions from 38 international expert scholars working in diverse fields at the intersections of legal studies and social sciences Unique in its contributions to this rapidly expanding and important new multi-disciplinary field of study

Perfekt! Der überlegene Weg zum Erfolg

Author: Robert Greene

Publisher: Carl Hanser Verlag GmbH Co KG

ISBN: 3446438203

Category: Political Science

Page: 416

View: 1250

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Wie haben wir Erfolg, ohne verbissen zu sein? Wie schaffen wir es, unser Privatleben und unseren Beruf so miteinander zu verbinden, dass sie sich ergänzen und bereichern? Wie schöpfen wir aus der Fülle, statt uns vom Alltag auffressen zu lassen? Um all diese Fragen geht es in „Perfekt!“, dem neuen Buch von Robert Greene („Power – Die 48 Gesetze der Macht“). Und der Bestseller-Autor aus den USA bietet Lösungen: Mit Beispielen aus der Welt der Literatur und der Geschichte zeigt er, wie wir Schritt für Schritt herausfinden, wo unsere wirklichen Talente liegen und wie wir jene elegante Souveränität erlangen, nach der viele streben, die aber nur wenige erreichen.

The Fall of the House of Roosevelt

Brokers of Ideas and Power from FDR to LBJ

Author: Michael Janeway

Publisher: Columbia University Press

ISBN: 0231505779

Category: History

Page: 320

View: 7241

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In the 1930s a band of smart and able young men, some still in their twenties, helped Franklin D. Roosevelt transform an American nation in crisis. They were the junior officers of the New Deal. Thomas G. Corcoran, Benjamin V. Cohen, William O. Douglas, Abe Fortas, and James Rowe helped FDR build the modern Democratic Party into a progressive coalition whose command over power and ideas during the next three decades seemed politically invincible. This is the first book about this group of Rooseveltians and their linkage to Lyndon Johnson's Great Society and the Vietnam War debacle. Michael Janeway grew up inside this world. His father, Eliot Janeway, business editor of Time and a star writer for Fortune and Life magazines, was part of this circle, strategizing and practicing politics as well as reporting on these men. Drawing on his intimate knowledge of events and previously unavailable private letters and other documents, Janeway crafts a riveting account of the exercise of power during the New Deal and its aftermath. He shows how these men were at the nexus of reform impulses at the electoral level with reform thinking in the social sciences and the law and explains how this potent fusion helped build the contemporary American state. Since that time efforts to reinvent government by "brains trust" have largely failed in the U.S. In the last quarter of the twentieth century American politics ceased to function as a blend of broad coalition building and reform agenda setting, rooted in a consensus of belief in the efficacy of modern government. Can a progressive coalition of ideas and power come together again? The Fall of the House of Roosevelt makes such a prospect both alluring and daunting.

The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0199397953

Category: Psychology

Page: 496

View: 2171

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Freedom and Criminal Responsibility in American Legal Thought

Author: Thomas Andrew Green

Publisher: Cambridge University Press

ISBN: 1316060497

Category: History

Page: N.A

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As the first full-length study of twentieth-century American legal academics wrestling with the problem of free will versus determinism in the context of criminal responsibility, this book deals with one of the most fundamental problems in criminal law. Thomas Andrew Green chronicles legal academic ideas from the Progressive Era critiques of free will-based (and generally retributive) theories of criminal responsibility to the midcentury acceptance of the idea of free will as necessary to a criminal law conceived of in practical moral-legal terms that need not accord with scientific fact to the late-in-century insistence on the compatibility of scientific determinism with moral and legal responsibility and with a modern version of the retributivism that the Progressives had attacked. Foregrounding scholars' language and ideas, Green invites readers to participate in reconstructing an aspect of the past that is central to attempts to work out bases for moral judgment, legal blame, and criminal punishment.

Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1

Introduction - The New Lex Mercatoria and its Sources

Author: Jan H Dalhuisen

Publisher: A&C Black

ISBN: 1782251146

Category: Law

Page: 378

View: 8208

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This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work has been divided into three volumes, each of which can be used independently or as part of the complete work. Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements. Volume two deals with transnational contract, movable and intangible property law. Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe. All three volumes may be purchased separately or as a single set. From the reviews of previous editions: "...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field." American Journal of Comparative Law "Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators." Uniform Law Review/Revue de Droit Uniforme "this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance." Law Quarterly Review "...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..." International and Comparative Law Quarterly