The Legal Mind
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Author | : Bartosz Brożek |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2020 |
Genre | : Law |
ISBN | : 1108493254 |
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Author | : Daniel W. Park |
Publisher | : CreateSpace |
Total Pages | : 330 |
Release | : 2013-11-26 |
Genre | : Law |
ISBN | : 9781493736164 |
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 |
Total Pages | : 548 |
Release | : 1995 |
Genre | : History |
ISBN | : 9780815320579 |
First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
Author | : Howard Zaharoff |
Publisher | : Chronicle Books |
Total Pages | : 130 |
Release | : 2011-12-16 |
Genre | : Law |
ISBN | : 0811873730 |
For the lawyers who think they know it all—or for those of you who worry that your legal counsel can't tell a tort from a tartStump Your Lawyer! is a hilarious tour of the quirks and curiosities of our legal system. This tongue-in-cheek volume offers witty, practical, and thought-provoking challenges for the legally minded. Short case histories, definitions, multiple-choice quizzes, and other formats mock the bar exam approach and probe the reader's knowledge of obscure statutes, baffling decisions, bizarre legal concepts, and antiquated jargon. Whether you're studying, practicing, or running from the law, this book will keep you laughing—and learning—all the way to the courthouse.
Author | : Neil MacCormick |
Publisher | : Oxford University Press on Demand |
Total Pages | : 328 |
Release | : 1986 |
Genre | : Law |
ISBN | : 9780198761969 |
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 | : Pierre Schlag |
Publisher | : NYU Press |
Total Pages | : 206 |
Release | : 1998-10-01 |
Genre | : Law |
ISBN | : 0814788769 |
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 Brożek |
Publisher | : Cambridge University Press |
Total Pages | : 1001 |
Release | : 2021-04-29 |
Genre | : Law |
ISBN | : 1316997081 |
Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence.
Author | : Susanna L. Blumenthal |
Publisher | : Harvard University Press |
Total Pages | : 0 |
Release | : 2016-02-22 |
Genre | : Law |
ISBN | : 9780674048935 |
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 | : Brien A Roche |
Publisher | : Sourcebooks, Inc. |
Total Pages | : 274 |
Release | : 2009-08-01 |
Genre | : Law |
ISBN | : 140224035X |
A solid reference for both the everyday and the unexpected legal issues, written by practicing attorneys Law 101 is an essential reference that explains: How laws are made How the court system works How each area of the law impacts your daily life Key information for important questions: How does a lawsuit begin? How do civil and criminal law differ? When do state laws trump federal laws? What makes a contract solid? What can you expect if called as a juror? What can you expect if called as a witness? And other complex areas of the law that you need to know. No home reference shelf is complete without this indispensible guide. The new edition also includes information on legal subjects that have become more important recently, including alternative dispute resolution, privacy rights, and Internet law.
Author | : James Boyd White |
Publisher | : University of Chicago Press |
Total Pages | : 328 |
Release | : 1985-12-15 |
Genre | : Law |
ISBN | : 0226894932 |
White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal