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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.
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.
How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
The modern materialist approach to life has conspicuously failed to explain such central mind-related features of our world as consciousness, intentionality, meaning, and value. This failure to account for something so integral to nature as mind, argues philosopher Thomas Nagel, is a major problem, threatening to unravel the entire naturalistic world picture, extending to biology, evolutionary theory, and cosmology. Since minds are features of biological systems that have developed through evolution, the standard materialist version of evolutionary biology is fundamentally incomplete. And the cosmological history that led to the origin of life and the coming into existence of the conditions for evolution cannot be a merely materialist history, either. An adequate conception of nature would have to explain the appearance in the universe of materially irreducible conscious minds, as such. Nagel's skepticism is not based on religious belief or on a belief in any definite alternative. In Mind and Cosmos, he does suggest that if the materialist account is wrong, then principles of a different kind may also be at work in the history of nature, principles of the growth of order that are in their logical form teleological rather than mechanistic. In spite of the great achievements of the physical sciences, reductive materialism is a world view ripe for displacement. Nagel shows that to recognize its limits is the first step in looking for alternatives, or at least in being open to their possibility.
Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.
This first English translation of Pierre Manent’s profound and strikingly original book La loi naturelle et les droits de l’homme is a reflection on the central question of the Western political tradition. In six chapters, developed from the prestigious Étienne Gilson lectures at the Institut Catholique de Paris, and in a related appendix, Manent contemplates the steady displacement of the natural law by the modern conception of human rights. He aims to restore the grammar of moral and political action, and thus the possibility of an authentically political order that is fully compatible with liberty. Manent boldly confronts the prejudices and dogmas of those who have repudiated the classical and Christian notion of “liberty under law” and in the process shows how groundless many contemporary appeals to human rights turn out to be. Manent denies that we can generate obligations from a condition of what Locke, Hobbes, and Rousseau call the “state of nature,” where human beings are absolutely free, with no obligations to others. In his view, our ever-more-imperial affirmation of human rights needs to be reintegrated into what he calls an “archic” understanding of human and political existence, where law and obligation are inherent in liberty and meaningful human action. Otherwise we are bound to act thoughtlessly and in an increasingly arbitrary or willful manner. Natural Law and Human Rights will engage students and scholars of politics, philosophy, and religion, and will captivate sophisticated readers who are interested in the question of how we might reconfigure our knowledge of, and talk with one another about, politics.
How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.
New York Times Bestseller An exciting--and encouraging--exploration of creativity from the author of When: The Scientific Secrets of Perfect Timing The future belongs to a different kind of person with a different kind of mind: artists, inventors, storytellers-creative and holistic "right-brain" thinkers whose abilities mark the fault line between who gets ahead and who doesn't. Drawing on research from around the world, Pink (author of To Sell Is Human: The Surprising Truth About Motivating Others) outlines the six fundamentally human abilities that are absolute essentials for professional success and personal fulfillment--and reveals how to master them. A Whole New Mind takes readers to a daring new place, and a provocative and necessary new way of thinking about a future that's already here.