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Law and Mind

Law and Mind
Author: Bartosz Brożek
Publisher: Cambridge University Press
Total Pages: 535
Release: 2021-04-29
Genre: Law
ISBN: 1108486002

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This volume offers a novel look at the intricate relationship between the cognitive sciences and various dimensions of the law.


Law and the Modern Mind

Law and the Modern Mind
Author: Jerome Frank
Publisher: Taylor & Francis
Total Pages: 449
Release: 2017-07-12
Genre: Law
ISBN: 135150956X

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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

Law and the Modern Mind
Author: Susanna L. Blumenthal
Publisher: Harvard University Press
Total Pages: 0
Release: 2016-02-22
Genre: Law
ISBN: 9780674048935

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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, Mind and Brain

Law, Mind and Brain
Author: Michael Freeman
Publisher: Routledge
Total Pages: 403
Release: 2017-05-15
Genre: Social Science
ISBN: 1317107438

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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.


The Law of Mind in Action

The Law of Mind in Action
Author: Fenwicke Lindsay Holmes
Publisher:
Total Pages: 242
Release: 1919
Genre: Mental healing
ISBN:

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Law and the Postmodern Mind

Law and the Postmodern Mind
Author: Peter Goodrich
Publisher: University of Michigan Press
Total Pages: 328
Release: 2009-12-22
Genre: Law
ISBN: 0472023101

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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.


The Mind of the Criminal

The Mind of the Criminal
Author: Reid Griffith Fontaine
Publisher: Cambridge University Press
Total Pages: 281
Release: 2012-01-31
Genre: Law
ISBN: 0521513766

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Discusses the excusing nature of traditional and non-traditional criminal law defenses and questions the structure of these based on scientific findings.


Renewing Your Mind As You Study Law

Renewing Your Mind As You Study Law
Author: Oak Brook College of Law and Government Policy
Publisher:
Total Pages: 156
Release: 2001
Genre: Law
ISBN: 9780971349209

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Law and the Modern Mind

Law and the Modern Mind
Author: Jerome Frank
Publisher:
Total Pages: 368
Release: 1936
Genre: Jurisprudence
ISBN:

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The Legal Mind

The Legal Mind
Author: Daniel W. Park
Publisher: CreateSpace
Total Pages: 330
Release: 2013-11-26
Genre: Law
ISBN: 9781493736164

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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.