Law And The Modern Mind

Autore: Jerome Frank
Editore: Routledge
ISBN: 1351509551
Grandezza: 71,38 MB
Formato: PDF
Vista: 3299
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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

Autore: Jerome Frank
Editore:
ISBN:
Grandezza: 62,87 MB
Formato: PDF
Vista: 5247
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Law And The Modern Mind

Autore: Susanna L. Blumenthal
Editore: Harvard University Press
ISBN: 0674495535
Grandezza: 60,71 MB
Formato: PDF, ePub
Vista: 3347
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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.

Law And The Modern Mind

Autore: Jerome Frank
Editore:
ISBN:
Grandezza: 79,67 MB
Formato: PDF
Vista: 1557
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Law And The Modern Mind

Autore: Karl Nickerson Llewellyn
Editore:
ISBN:
Grandezza: 18,53 MB
Formato: PDF, Mobi
Vista: 3037
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Miracles And The Modern Mind

Autore: Norman Geisler
Editore: Wipf and Stock Publishers
ISBN: 1592447325
Grandezza: 40,85 MB
Formato: PDF, Mobi
Vista: 9117
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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

Autore: M. Ethan Katsh
Editore: Oxford University Press
ISBN: 9780195364446
Grandezza: 64,48 MB
Formato: PDF, ePub, Mobi
Vista: 4146
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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 Nuremberg Trials International Criminal Law Since 1945

Autore: Lawrence Raful
Editore: Walter de Gruyter
ISBN: 3110944847
Grandezza: 18,65 MB
Formato: PDF, Docs
Vista: 1812
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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

Autore: Julius Paul
Editore: Springer
ISBN: 9401194939
Grandezza: 10,94 MB
Formato: PDF, ePub, Docs
Vista: 6007
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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.

Readings In The Philosophy Of Law

Autore: Keith Culver
Editore: Broadview Press
ISBN: 9781551111797
Grandezza: 70,28 MB
Formato: PDF, ePub, Mobi
Vista: 9471
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Political Science And The Modern Mind

Autore: Francis X. Canfield
Editore:
ISBN:
Grandezza: 58,48 MB
Formato: PDF, ePub
Vista: 590
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Foundational Texts In Modern Criminal Law

Autore: Markus D Dubber
Editore: OUP Oxford
ISBN: 0191654620
Grandezza: 48,26 MB
Formato: PDF, Mobi
Vista: 9546
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

Classic Writings In Law And Society

Autore: A. Javier Trevino
Editore: Transaction Publishers
ISBN: 1412844606
Grandezza: 48,52 MB
Formato: PDF, ePub, Docs
Vista: 4216
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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.

Positive Preaching And Modern Mind Second Edition

Autore: P. T. Forsyth
Editore: Wipf and Stock Publishers
ISBN: 1556356935
Grandezza: 79,33 MB
Formato: PDF, Kindle
Vista: 7500
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The Fall Of The House Of Roosevelt

Autore: Michael Janeway
Editore: Columbia University Press
ISBN: 0231505779
Grandezza: 75,79 MB
Formato: PDF, ePub, Docs
Vista: 558
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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 Crisis Of Democratic Theory

Autore: Edward A. Purcell Jr.
Editore: University Press of Kentucky
ISBN: 0813146046
Grandezza: 30,40 MB
Formato: PDF, Kindle
Vista: 2477
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Widely acclaimed for its originality and penetration, this award-winning study of American thought in the twentieth century examines the ways in which the spread of pragmatism and scientific naturalism affected developments in philosophy, social science, and law, and traces the effects of these developments on traditional assumptions of democratic theory.

Freedom And Criminal Responsibility In American Legal Thought

Autore: Thomas Andrew Green
Editore: Cambridge University Press
ISBN: 1316060497
Grandezza: 31,55 MB
Formato: PDF, Mobi
Vista: 8482
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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.

The Analytic Freud

Autore: Michael Philip Levine
Editore: Psychology Press
ISBN: 9780415180399
Grandezza: 57,34 MB
Formato: PDF, ePub
Vista: 634
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This is a timely and stimulating collection of essays on the importance of Freudian thought for analytic philosophy, investigating its impact on mind, ethics, sexuality, religion and epistemology. Marking a clear departure from the long-standing debate over whether Freudian thought is scientific or not, The Analytic Freud expands the framework of philosophical inquiry, demonstrating how fertile and mutually enriching the relationship between philosophy and psychoanalysis can be. The essays are divided into four clear sections, addressing the implications of Freud for philosophy of mind, ethics, sexuality and civilisation. The authors discuss the problems psychoanalysis poses for contemporary philosophy as well as what philosophy can learn from Freud's legacy and undeniable influence. For instance, The Analytic Freud discusses the problems presented by pyschoanalytic theories of the mind for the philosophy of language; the issues which current theories of mind and meaning raise for psychoanalytic accounts of emotion, metaphor, the will and self-deception; the question whether psychoanalytic theory is essential in understanding sexuality, love, humour and the tensions which arise out of personal relationships. The Analytic Freud is a critical and thorough examination of Freudian and post-Freudian theory, adding a welcome and significant dimension to the debate between psychoanalysis and contemporary philosophy.

The Nuremberg War Crimes Trial And Its Policy Consequences Today

Autore: Beth A. Griech-Polelle
Editore: Nomos Verlagsgesellschaft Mbh & Company
ISBN:
Grandezza: 49,74 MB
Formato: PDF, Kindle
Vista: 507
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Towards the close of World War II, world leaders had to address the question of what to do with alleged war criminals. In 1945, an International Military Tribunal (IMT) was established to see that war criminals would face justice. This collection of essays brings together scholars from all over the world to explore the short-term effects of the IMT at Nuremberg and its present day impact on the International Criminal Court. The essays include analyses of Soviet investigations into Nazi war crimes during the war, examinations of the German public's reactions to the Nuremberg Trials, and the immediate effect the IMT had on the Tokyo and Austrian Trials post-1945. Other essays examine changes in the Alien Tort Statute and human rights litigation, the ethics of selective justice, the obstacles facing hybrid tribunals, and how the U.S. legal and constitutional system is often in conflict with the International Criminal Court. Each essay shows the long-standing legacy of the Nuremberg Trials and how the IMT has impacted the field of international law.

Law Interpretation And Reality

Autore: P.J. Nerhot
Editore: Springer Science & Business Media
ISBN: 9401578753
Grandezza: 11,79 MB
Formato: PDF, Kindle
Vista: 6570
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PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.