Inside The American Legal Mind

Author : Kevin J. Fandl
Publisher : Routledge
ISBN 13 : 1317269829
Total Pages : 162 pages
Book Rating : 4.23/5 ( download)

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Download or read book Inside the American Legal Mind written by Kevin J. Fandl and published by Routledge. This book was released on 2015-10-05 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.

Author : Susanna L. Blumenthal
Publisher : Harvard University Press
ISBN 13 : 9780674048935
Total Pages : 0 pages
Book Rating : 4.38/5 ( download)

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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.

Author : Pierre Schlag
Publisher : NYU Press
ISBN 13 : 0814788769
Total Pages : 206 pages
Book Rating : 4.69/5 ( download)

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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.

Author : Bartosz Broz&775;ek
Publisher : Cambridge University Press
ISBN 13 : 1108493254
Total Pages : 191 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Legal Mind written by Bartosz Broz&775;ek and published by Cambridge University Press. This book was released on 2019-11-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.

Author : David Kennedy
Publisher : Princeton University Press
ISBN 13 : 0691186421
Total Pages : 925 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

Author : Neil MacCormick
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198761969
Total Pages : 328 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Legal Mind written by Neil MacCormick and published by Oxford University Press on Demand. This book was released on 1986 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, published to coincide with Tony Honore's sixty-fifth birthday, focuses on the areas where Honore's thought has made the most significant contribution: Roman law and jurisprudence. Included are essays by P.S. Atiyah, Zenon Bankowski, John Bell, Peter Birks, John W. Cairs, Hugh Collins, David Daube, W. M. Gordon, J. W. Harris Nicola Lacey, A. D. E. Lewis, Detlef Liebs, G. D. MacCormack, Neil MacCormick, G. Maher, Pieter Norr, Alan Rodger, and Peter Stein.

Author : Daniel W. Park
Publisher : CreateSpace
ISBN 13 : 9781493736164
Total Pages : 330 pages
Book Rating : 4.67/5 ( download)

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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.

Author : Spencer Weber Waller
Publisher : Taylor & Francis
ISBN 13 : 9780815320579
Total Pages : 548 pages
Book Rating : 4.74/5 ( download)

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Download or read book Baseball and the American Legal Mind written by Spencer Weber Waller and published by Taylor & Francis. This book was released on 1995 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Author : Charles Patrick Ewing
Publisher : Oxford University Press
ISBN 13 : 019518176X
Total Pages : 303 pages
Book Rating : 4.60/5 ( download)

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Download or read book Minds on Trial written by Charles Patrick Ewing and published by Oxford University Press. This book was released on 2006-03-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minds on Trial: Great Cases in Law and Psychology gives you an inside view of 20 of the highest profile legal cases of the last 50 years. The authors skillfully convey the psychological and legal drama of each case, while providing important and fresh professional insights. Mental health and legal professionals, as well as others with an interest in psychology and the law will have a hard time putting this scholarly, yet readable book down.

Author : Jerome Frank
Publisher : Taylor & Francis
ISBN 13 : 135150956X
Total Pages : 449 pages
Book Rating : 4.65/5 ( download)

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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.