Law and the Modern Mind

Consciousness and Responsibility in American Legal Culture

Author: Susanna L. Blumenthal

Publisher: Harvard University Press

ISBN: 0674495535

Category: Law

Page: N.A

View: 4496

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.
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Law and the Modern Mind

Consciousness and Responsibility in American Legal Culture

Author: Susanna L. Blumenthal

Publisher: N.A

ISBN: 9780674048935

Category: History

Page: 400

View: 5708

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.
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City of Courts

Socializing Justice in Progressive Era Chicago

Author: Michael Willrich

Publisher: Cambridge University Press

ISBN: 9780521794039

Category: History

Page: 332

View: 1553

This 2003 book looks at contesting concepts of crime, and social justice in nineteenth-century industrial America.
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Justice of Shattered Dreams

Samuel Freeman Miller and the Supreme Court During the Civil War Era

Author: Michael Anthony Ross

Publisher: LSU Press

ISBN: 9780807129241

Category: Biography & Autobiography

Page: 323

View: 4109

"Best known for his opinions in cases dealing with race and the Fourteenth Amendment particularly the 1873 Slaughter-House Cases, Miller has often been considered a misguided opponent of Reconstruction and racial equality. In this major reinterpretation, Ross argues that historians have failed to study the evolution of Miller's views during the war and explains how Miller, a former slave-holder, became a champion of African Americans' economic and political rights. He was also the staunchest supporter on the Court of Lincoln's controversial war measures, including the decision to suspend such civil liberties as habeas corpus." "The first biography of Miller since 1939, this welcome volume draws on Miller's previously unavailable papers to shed new light on a man who saw his dreams for America shattered but whose essential political and social values, as well as his personal integrity, remained intact."--BOOK JACKET.
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Consciousness and Society

Author: H. Stuart Hughes

Publisher: Routledge

ISBN: 1351526510

Category: Social Science

Page: 466

View: 2015

Hughes' ideas, and the way they are expressed in Consciousness and Society, have become paradigms of twentieth-century scholarship. In dealing with the changing social thought after 1890 in Europe, Hughes covers a wide array of thinkers and issues in a scholarly, yet graceful manner. His is a study of the "cluster of genius" of Europe at that time: Croce, Durkheim, Freud, Weber, and Nietzsche, as well as other great European minds. The book explores questions that are still relevant in today's society: Is the separation of facts and values tenable, or even desirable? Can rationality accommodate the ideas of a Bergson or a Freud? Is there, or should there be, a relationship between science and religion? And does history have any ultimate meaning for later generations?
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Minding the Law

Author: Anthony G. AMSTERDAM,Jerome S. Bruner,Anthony G Amsterdam

Publisher: Harvard University Press

ISBN: 0674020200

Category: Law

Page: 468

View: 2381

In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
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Mind, Brain, and Free Will

Author: Richard Swinburne

Publisher: Oxford University Press

ISBN: 0199662576

Category: Philosophy

Page: 242

View: 6442

Richard Swinburne presents a powerful new case for substance dualism and for libertarian free will. He argues that pure mental events (including conscious events) are distinct from physical events and interact with them, and claims that no result from neuroscience or any other science could show that interaction does not take place. Swinburne goes on to argue for agent causation, and claims that it is we, and not our intentions, that cause our brain events. It ismetaphysically possible that each of us could acquire a new brain or continue to exist without a brain; and so we are essentially souls. Brain events and conscious events are so different from each other that it would not be possible to establish a scientific theory which would predict what each ofus would do in situations of moral conflict. Hence, we should believe that things are as they seem to be: that we make choices independently of the causes which influence us. It follows that we are morally responsible for our actions.
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Law and the Unconscious

A Psychoanalytic Perspective

Author: Anne C. Dailey

Publisher: Yale University Press

ISBN: 0300188838

Category: Law

Page: 304

View: 7053

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.
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Consciousness and Moral Responsibility

Author: Neil Levy

Publisher: Oxford University Press

ISBN: 0198704631

Category: Philosophy

Page: 157

View: 8701

Neil Levy presents a new theory of freedom and responsibility. He defends a particular account of consciousness—the global workspace view—and argues that consciousness plays an especially important role in action. There are good reasons to think that the naïve assumption, that consciousness is needed for moral responsibility, is in fact true.
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The Punisher's Brain

The Evolution of Judge and Jury

Author: Morris B. Hoffman

Publisher: Cambridge University Press

ISBN: 1107038065

Category: Law

Page: 368

View: 4751

"Evolution built us to punish cheaters. Without that punishment instinct, we would never have been able to live in small groups, and would never have realized all the significant benefits that small-group living conferred, including mutual defense, cooperative hunting, property, divisions of labor and economies of scale. In fact, to a large extent our notions of right and wrong, of empathy and compassion, of fairness and justice, all come from the tensions of group living, and thus indirectly owe their very existence to punishment. It may sound strange that one key to civilization is our willingness to punish each other, but every parent knows it's true. Every parent also feels the irresistible pull not to punish too much, and in fact maybe not to punish at all - to forgive - and this, too, is a remnant of evolution. Our punishment instinct is not so much a sword ready to fall as it is a finely tuned balance, sometimes susceptible to the gentlest of breezes"--
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Redcoats

The British Soldier and War in the Americas, 1755-1763

Author: Stephen Brumwell

Publisher: Cambridge University Press

ISBN: 9780521675383

Category: History

Page: 360

View: 6471

This book examines the experiences of the British Army soldiers, or 'redcoats', who fought in North America and the West Indies between 1755 and 1763. It explores the Army's distinctive society, using new evidence to provide a voice for ordinary soldiers who have previously been ignored by historians. While other books on the period concentrate upon major personalities and events, this study examines events from the perspective of the individual: the experience of combat, captivity among the Indians, the Army's women and the fate of veterans. Stephen Brumwell is a former newspaper journalist and Lecturer in Modern History at the University of Leeds and now works as a freelance writer. He is the author of scholarly articles and the co-author of The Cassell Companion to 18th Century British History (2001). Hb ISBN (2001) 0-521-80783-2
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Between the World and Me

Author: Ta-Nehisi Coates

Publisher: Spiegel & Grau

ISBN: 0679645985

Category: Biography & Autobiography

Page: 176

View: 6070

Hailed by Toni Morrison as “required reading,” a bold and personal literary exploration of America’s racial history by “the single best writer on the subject of race in the United States” (The New York Observer) #1 NEW YORK TIMES BESTSELLER | NATIONAL BOOK AWARD WINNER | NAACP IMAGE AWARD WINNER | PULITZER PRIZE FINALIST | NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST | NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY The New York Times Book Review • O: The Oprah Magazine • The Washington Post • People • Entertainment Weekly • Vogue • Los Angeles Times • San Francisco Chronicle • Chicago Tribune • New York • Newsday • Library Journal • Publishers Weekly In a profound work that pivots from the biggest questions about American history and ideals to the most intimate concerns of a father for his son, Ta-Nehisi Coates offers a powerful new framework for understanding our nation’s history and current crisis. Americans have built an empire on the idea of “race,” a falsehood that damages us all but falls most heavily on the bodies of black women and men—bodies exploited through slavery and segregation, and, today, threatened, locked up, and murdered out of all proportion. What is it like to inhabit a black body and find a way to live within it? And how can we all honestly reckon with this fraught history and free ourselves from its burden? Between the World and Me is Ta-Nehisi Coates’s attempt to answer these questions in a letter to his adolescent son. Coates shares with his son—and readers—the story of his awakening to the truth about his place in the world through a series of revelatory experiences, from Howard University to Civil War battlefields, from the South Side of Chicago to Paris, from his childhood home to the living rooms of mothers whose children’s lives were taken as American plunder. Beautifully woven from personal narrative, reimagined history, and fresh, emotionally charged reportage, Between the World and Me clearly illuminates the past, bracingly confronts our present, and offers a transcendent vision for a way forward. Praise for Between the World and Me “Powerful . . . a searing meditation on what it means to be black in America today.”—Michiko Kakutani, The New York Times “Eloquent . . . in the tradition of James Baldwin with echoes of Ralph Ellison’s Invisible Man . . . an autobiography of the black body in America.”—The Boston Globe “Brilliant . . . [Coates] is firing on all cylinders.”—The Washington Post “Urgent, lyrical, and devastating . . . a new classic of our time.”—Vogue “A crucial book during this moment of generational awakening.”—The New Yorker “Titanic and timely . . . essential reading.”—Entertainment Weekly
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American Carnage

Wounded Knee, 1890

Author: Jerome A. Greene

Publisher: University of Oklahoma Press

ISBN: 0806145501

Category: History

Page: 620

View: 9259

As the year 1890 wound to a close, a band of more than three hundred Lakota Sioux Indians led by Chief Big Foot made their way toward South Dakota’s Pine Ridge Reservation to join other Lakotas seeking peace. Fearing that Big Foot’s band was headed instead to join “hostile” Lakotas, U.S. troops surrounded the group on Wounded Knee Creek. Tensions mounted, and on the morning of December 29, as the Lakotas prepared to give up their arms, disaster struck. Accounts vary on what triggered the violence as Indians and soldiers unleashed thunderous gunfire at each other, but the consequences were horrific: some 200 innocent Lakota men, women, and children were slaughtered. American Carnage—the first comprehensive account of Wounded Knee to appear in more than fifty years—explores the complex events preceding the tragedy, the killings, and their troubled legacy. In this gripping tale, Jerome A. Greene—renowned specialist on the Indian wars—explores why the bloody engagement happened and demonstrates how it became a brutal massacre. Drawing on a wealth of sources, including previously unknown testimonies, Greene examines the events from both Native and non-Native perspectives, explaining the significance of treaties, white settlement, political disputes, and the Ghost Dance as influential factors in what eventually took place. He addresses controversial questions: Was the action premeditated? Was the Seventh Cavalry motivated by revenge after its humiliating defeat at the Battle of the Little Bighorn? Should soldiers have received Medals of Honor? He also recounts the futile efforts of Lakota survivors and their descendants to gain recognition for their terrible losses. Epic in scope and poignant in its recounting of human suffering, American Carnage presents the reality—and denial—of our nation’s last frontier massacre. It will leave an indelible mark on our understanding of American history.
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The Righteous Mind

Why Good People are Divided by Politics and Religion

Author: Jonathan Haidt

Publisher: Vintage

ISBN: 0307455777

Category: Philosophy

Page: 500

View: 1755

Presents a groundbreaking investigation into the origins of morality at the core of religion and politics, offering scholarly insight into the motivations behind cultural clashes that are polarizing America.
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The Coddling of the American Mind

How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure

Author: Greg Lukianoff,Jonathan Haidt

Publisher: Penguin

ISBN: 0735224900

Category: Social Science

Page: 352

View: 3012

Something is going wrong on many college campuses in the last few years. Rates of anxiety, depression, and suicide are rising. Speakers are shouted down. Students and professors say they are walking on eggshells and afraid to speak honestly. How did this happen? First Amendment expert Greg Lukianoff and social psychologist Jonathan Haidt show how the new problems on campus have their origins in three terrible ideas that have become increasingly woven into American childhood and education: what doesn’t kill you makes you weaker; always trust your feelings; and life is a battle between good people and evil people. These three Great Untruths are incompatible with basic psychological principles, as well as ancient wisdom from many cultures. They interfere with healthy development. Anyone who embraces these untruths—and the resulting culture of safetyism—is less likely to become an autonomous adult able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to produce these untruths. They situate the conflicts on campus in the context of America’s rapidly rising political polarization, including a rise in hate crimes and off-campus provocation. They explore changes in childhood including the rise of fearful parenting, the decline of unsupervised play, and the new world of social media that has engulfed teenagers in the last decade. This is a book for anyone who is confused by what is happening on college campuses today, or has children, or is concerned about the growing inability of Americans to live, work, and cooperate across party lines.
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Whigs and Hunters: The Origin of the Black ACT

Author: E. P. Thompson

Publisher: Breviary Stuff Publications

ISBN: 9780992946661

Category: History

Page: 278

View: 7170

With Whigs and Hunters, the author of The Making of the English Working Class, E. P. Thompson plunged into the murky waters of the early eighteenth century to chart the violently conflicting currents that boiled beneath the apparent calm of the time. The subject is the Black Act, a law of unprecedented savagery passed by Parliament in 1723 to deal with 'wicked and evil-disposed men going armed in disguise'. These men were pillaging the royal forest of deer, conducting a running battle against the forest officers with blackmail, threats and violence. These 'Blacks', however, were men of some substance; their protest (for such it was) took issue with the equally wholsesale plunder of the forest by Whig nominees to the forest offices. And Robert Walpole, still consolidating his power, took an active part in the prosecution of the 'Blacks'. The episode is laden with political and social implications, affording us glimpses of considerable popular discontent, political chicanery, judicial inequity, corrupt ambition and crime.
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Race, Incarceration, and American Values

Author: Glenn C. Loury,Pamela S. Karlan,Loïc Wacquant,Tommie Shelby

Publisher: MIT Press

ISBN: 0262260948

Category: Political Science

Page: 96

View: 2576

The United States, home to five percent of the world's population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate -- at 714 per 100,000 residents and rising -- is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies. Whatever the explanation, Loury argues, the uncontroversial fact is that changes in our criminal justice system since the 1970s have created a nether class of Americans -- vastly disproportionately black and brown -- with severely restricted rights and life chances. Moreover, conservatives and liberals agree that the growth in our prison population has long passed the point of diminishing returns. Stigmatizing and confining of a large segment of our population should be unacceptable to Americans. Loury's call to action makes all of us now responsible for ensuring that the policy changes.
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Conscience and Its Enemies

Confronting the Dogmas of Liberal Secularism

Author: Robert P. George

Publisher: Open Road Media

ISBN: 150403645X

Category: Political Science

Page: 343

View: 1857

“Many in elite circles yield to the temptation to believe that anyone who disagrees with them is a bigot or a religious fundamentalist. Reason and science, they confidently believe, are on their side. With this book, I aim to expose the emptiness of that belief.” From the introduction: Assaults on religious liberty and traditional morality are growing fiercer. Here, at last, is the counterattack. Showcasing the talents that have made him one of America’s most acclaimed and influential thinkers, Robert P. George explodes the myth that the secular elite represents the voice of reason. In fact, George shows, it is on the elite side of the cultural divide where the prevailing views frequently are nothing but articles of faith. Conscience and Its Enemies reveals the bankruptcy of these too often smugly held orthodoxies while presenting powerfully reasoned arguments for classical virtues.
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