Minding the Law


Author: Anthony G. AMSTERDAM,Jerome S. Bruner,Anthony G Amsterdam
Publisher: Harvard University Press
ISBN: 0674020200
Category: Law
Page: 468
View: 2250

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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

Minding Justice

Laws that Deprive People with Mental Disability of Life and Liberty
Author: Christopher Slobogin
Publisher: Harvard University Press
ISBN: 9780674022041
Category: Law
Page: 381
View: 8403

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"Minding Justice" offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. A milestone in criminal mental health law, this book provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.

Law and Literature


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674032460
Category: Law
Page: 570
View: 3258

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Law and Literature is the only book-length treatment of a widely popular subject that is drawing considerable academic attention. Leading legal scholar Richard Posner believes that courses and scholarship in law and literature provide an attractive alternative to courses and scholarship in jurisprudence (philosophy of law), especially since the study of literature can assist lawyers and judges by sharpening their rhetorical skills. The revised edition features considerable new material, including a consideration of plagiarism as well as discussions of novels that grapple with issues very pertinent today, such as illegal immigration, global warming, bioterrorism, surveillance, artificial reproduction, and virtual reality. Posner also discusses the role of the law in popular literature, movies, and television.

Are the Lips a Grave?

A Queer Feminist on the Ethics of Sex
Author: Lynne Huffer
Publisher: Columbia University Press
ISBN: 0231535775
Category: Literary Criticism
Page: 264
View: 3384

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Lynne Huffer's ambitious inquiry redresses the rift between feminist and queer theory, traversing the space of a new, post-moral sexual ethics that includes pleasure, desire, connection, and betrayal. She begins by balancing queer theorists' politics of sexual freedoms with a moralizing feminist politics that views sexuality as harm. Drawing on the best insights from both traditions, she builds an ethics centered on eros, following Michel Foucault's ethics as a practice of freedom and Luce Irigaray's lyrical articulation of an ethics of sexual difference. Through this theoretical lens, Huffer examines everyday experiences of ethical connection and failure connected to sex, including queer sexual practices, sodomy laws, interracial love, pornography, and work-life balance. Her approach complicates sexual identities while challenging the epistemological foundations of subjectivity. She rethinks ethics "beyond good and evil" without underestimating, as some queer theorists have done, the persistence of what Foucault calls the "catastrophe" of morality. Elaborating a thinking-feeling ethics of the other, Huffer encourages contemporary intellectuals to reshape sexual morality from within, defining an ethical space that is both poetically suggestive and politically relevant, both conceptually daring and grounded in common sexual experience.

Power and Legitimacy

Law, Culture, and Literature
Author: Anne Quéma
Publisher: University of Toronto Press
ISBN: 1442649038
Category: Law
Page: 359
View: 2236

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Examining modern jurisprudence theory, statutory law, and the family within the modern Gothic novel, Anne Quéma shows how the forms and effects of political power transform as one shifts from discourse to discourse.

Graphic Justice

Intersections of Comics and Law
Author: Thomas Giddens
Publisher: Routledge
ISBN: 1317658388
Category: Law
Page: 258
View: 7391

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The intersections of law and contemporary culture are vital for comprehending the meaning and significance of law in today’s world. Far from being unsophisticated mass entertainment, comics and graphic fiction both imbue our contemporary culture, and are themselves imbued, with the concerns of law and justice. Accordingly, and spanning a wide variety of approaches and topics from an international array of contributors, Graphic Justice draws comics and graphic fiction into the range of critical resources available to the academic study of law. The first book to do this, Graphic Justice broadens our understanding of law and justice as part of our human world—a world that is inhabited not simply by legal concepts and institutions alone, but also by narratives, stories, fantasies, images, and other cultural articulations of human meaning. Engaging with key legal issues (including copyright, education, legal ethics, biomedical regulation, and legal personhood) and exploring critical issues in criminal justice and perspectives on international rights, law and justice—all through engagement with comics and graphic fiction—the collection showcases the vast breadth of potential that the medium holds. Graphic Justice will be of interest to academics and postgraduate students in: cultural legal studies; law and the image; law, narrative and literature; law and popular culture; cultural criminology; as well as cultural and comics studies more generally.

Critical Race Theory

An Introduction, Second Edition
Author: Richard Delgado,Jean Stefancic
Publisher: NYU Press
ISBN: 0814785298
Category: Law
Page: 207
View: 846

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In 2001, Richard Delgado and Jean Stefancic published their definitive Critical Race Theory, a compact introduction to the field that explained, in straightforward language, the origins, principal themes, leading voices, and new directions of this important movement in legal thought. Since then, critical race theory has gone on to influence numerous other fields of scholarship, and the Delgado and Stefancic primer has remained an indispensible guide for students and teachers. Delgado and Stefancic have revised the book to include material on key issues such as colorblind jurisprudence, Latino-Critical scholarship, immigration, and the rollback of affirmative action. This second edition introduces readers to important new voices in fields outside of law, including education and psychology, and offers greatly expanded issues for discussion, updated reading lists, and an extensive glossary of terms.

Visualizing Law in the Age of the Digital Baroque

Arabesques and Entanglements
Author: Richard K. Sherwin
Publisher: Routledge
ISBN: 0415612934
Category: Art
Page: 256
View: 5040

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Visualizing Law in the Age of the Digital Baroque explores the profound impact that visual digital technologies are having on the practice, theory, and teaching of law. Today, lawyers, judges, and lay jurors face a vast array of visual evidence and visual argument. From videos documenting injuries, crimes, and accidents, to computer displays of their digital simulation, increasingly, the search for fact-based justice inside the courtroom is becoming an offshoot of visual meaning- making'. But when law migrates to the screen it lives there as other images do, motivating belief and judgment on the basis of visual delight and unconscious fantasies and desires as well as actualities. Law as image also reflects current cultural anxieties concerning not only the truth of the image, but also the mimetic capacity itself, the human ability to represent reality. What is real, and what is simulation? This is the hallmark of the baroque, when dreams fold into dreams, like an all too vivid video game or immersion in a seemingly endless matrix of digital appearances. As the reality of fact-based justice recedes, laws proliferate within a field of uncertainty and longing. Left unchecked, this condition of ontological and ethical uneasiness threatens the legitimacy of law's claim to power. To meet this crisis, Visualizing Law in the Age of the Digital Baroque offers both a cultural diagnostic, identifying the contemporary cultural conditions in which law lives as a digital image on the screen, and a normative response, arguing for an affirmative, post-positivist jurisprudential paradigm that is adequate to the challenge these conditions present.

Entextualizing Domestic Violence

Language Ideology and Violence Against Women in the Anglo-American Hearsay Principle
Author: Jennifer Andrus
Publisher: Oxford University Press
ISBN: 0190266414
Category: Language Arts & Disciplines
Page: 232
View: 8976

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Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.

Brazil’s Emerging Role in Global Governance

Health, Food Security and Bioenergy
Author: M. Fraundorfer
Publisher: Springer
ISBN: 1137491213
Category: Political Science
Page: 237
View: 8393

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The author examines Brazil's emerging role as an important actor in various sectors of global governance. By exploring how Brazil's exercise of power developed over the last decade in the sectors of health, food security and bioenergy, this book sheds light on the power strategies of an emerging country from the global south.

Minding Minors Wandering the Web: Regulating Online Child Safety


Author: Simone van der Hof,Bibi van den Berg,Bart Schermer
Publisher: Springer Science & Business Media
ISBN: 9462650055
Category: Law
Page: 299
View: 7764

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Ensuring online safety has become a topic on the regulatory agenda in many Western societies. However, regulating for online safety is far from easy, due to the wide variety of national and international, private and public actors and stakeholders that are involved. When regulating online risks for children it is important to strike the right balance between protection against harms on the one hand and safeguarding their fundamental freedoms and rights on the other. The authors in this book attempt to grapple with precisely this theme: striking the right balance between ensuring safety for children on the internet while at the same time enabling them to experiment, to learn, to enrich their lives, to acquire skills and to have fun using this global network. The authors come from various scientific disciplines, ranging from law to social science and from media studies to philosophy. This means that the book provides the reader with both empirical and theoretical/conceptual chapters and sheds a multi-disciplinary light on the complex topic of regulating online safety for children.

Minding Culture

Case Studies on Intellectual Property and Traditional Cultural Expressions
Author: Terri Janke
Publisher: WIPO
ISBN: 9280511890
Category: Law
Page: 170
View: 4640

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The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia.

Seven Soulful Secrets for Finding Your Purpose and Minding Your Mission


Author: Stephanie Stokes Oliver
Publisher: Broadway Books
ISBN: 0385506465
Category: Social Science
Page: 240
View: 6649

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From the author of Daily Cornbread, Seven Soulful Secrets will motivate women to become not just better than they are but the best they can be. In a tone that is as encouraging and comforting as your favorite quilt, veteran journalist and NiaOnline editor in chief Stephanie Stokes Oliver shows women of all ages how to get the most out of life by finding their purpose and minding their mission. In seven wonderfully crafted chapters, Stokes Oliver reveals her soulful secrets in a simple but potent acronym that spells PURPOSE. Purpose: plan, persevere, and follow your own personal mission Ultimacy: release your best, “ultimate” self Relaxation: reduce stress and incorporate daily self-care into your routine Positivity: claim the joy in your life and celebrate yourself Optimum health: make the commitment to self-improvement, health, and fitness Spirituality: develop and maintain a connection to God/Spirit Esteem: boost your self-esteem and create healthy relationships At once a practical how-to book and a spiritual guide, Seven Soulful Secrets speaks directly to the African American women who embraced Daily Cornbread and to all women eager to live a life that is authentic, vibrant, and fulfilling. From the Hardcover edition.

Minding Evil

Explorations of Human Iniquity
Author: Margaret Sönser Breen
Publisher: Rodopi
ISBN: 9042016787
Category: Philosophy
Page: 281
View: 5297

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Minding Evil: Explorations of Human Iniquity brings together fifteen essays, versions of which were presented at the Fifth International Conference on Evil and Wickedness, held in Prague in 2004. The volume examines evil and wickedness from a variety of disciplines, including criminology, cultural studies, gender studies, law, literature, peace studies, philosophy, psychology, and sociology. In so doingMinding Evil keeps in play the doubled meaning of its title: on the one hand, to tend to evil, that is, to oversee, cultivate, and deploy it; on the other hand, to be bothered by evil and so, in learning to identify or recognise it, to try to understand its workings and thus contain or control it and, perhaps, repair or undo it. While the essays taken together work to show the difficulty and at times the travesty of not being able to distinguish between the two meanings, it is this second meaning that remains key. What are the individual and collective responsibilities entailed in minding - being troubled by - evil? This is the central question of this volume.

Minding the Helm

Marine Navigation and Piloting
Author: Division on Engineering and Physical Sciences,Commission on Engineering and Technical Systems,Marine Board
Publisher: National Academies Press
ISBN: 030904829X
Category: Technology & Engineering
Page: 530
View: 1096

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Large ships transporting hazardous cargoes, notorious marine accidents, and damage to marine ecosystems from tanker spills have heightened public concern for the safe navigation of ships. This new volume offers a complete, highly readable assessment of marine navigation and piloting. It addresses the application of new technology to reduce the probability of accidents, controversies over the effectiveness of waterways management and marine pilotage, and navigational decisionmaking. The book also explores the way pilots of ships and tugs are trained, licensed, and held accountable. Minding the Helm approaches navigational safety from the perspectives of risk assessment and the integration of human, technological, and organizational systems. Air and marine traffic regulation methods are compared, including the use of vessel traffic services. With a store of current information and examples, this document will be indispensable to federal and state pilotage and licensing authorities and marine traffic regulators, the Coast Guard, pilot associations, and the shipping and towing industries. It will also interest individuals involved in waterway design, marine education, and the marine environment.

Minding the Machines

Preventing Technological Disasters
Author: William M. Evan,Mark Manion
Publisher: Prentice Hall Professional
ISBN: 9780130656469
Category: Technology & Engineering
Page: 485
View: 1750

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A provocative and authoritative guide to understanding the questions surrounding technology disasters that occur, with a blueprint for the prevention of future disasters, this book looks at over three dozen case studies and the lessons learned from them.

Minding Your Own Business

The Solo and Small Firm Lawyer's Guide to a Profitable Practice
Author: Ann M. Guinn
Publisher: American Bar Association
ISBN: 9781604427899
Category: Law
Page: 215
View: 8808

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Small firm lawyers often get caught in the crossfire of practicing law and managing a business all at the same time. Commitments and interests levels may weigh more heavily on defending the freedoms guaranteed in the U.S. Constitution vs. calculating overtime pay for staff. They may be more interested in ensuring our legal system works, but not so interested in developing marketing strategies to attract new business.

Minding Norms

Mechanisms and Dynamics of Social Order in Agent Societies
Author: Rosaria Conte,Giulia Andrighetto,Marco Campennl
Publisher: Oxford University Press
ISBN: 0199812675
Category: Psychology
Page: 188
View: 2885

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This volume presents an unprecedented attempt to illustrate via agent based simulation the emergence of norms meant as prescribed conducts applied by the majority. The simulated scenarios are populated with cognitive agents generating norms by detecting and deciding to respect them.

Kant's System of Nature and Freedom

Selected Essays
Author: Paul Guyer
Publisher: Clarendon Press
ISBN: 0191569267
Category: Philosophy
Page: 396
View: 767

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The concept of systematicity is central to Immanuel Kant's conception of scientific knowledge and to his practical philosophy. But Kant also held that we must be able to unite the separate systems of nature and freedom into a single system: on the one hand, morality itself requires that we be able to see its commands and goals as realizable within nature, while on the other hand our experience of nature itself leads us to see it as a system with the goal of human moral development. The essays in this volume, including two published here for the first time, explore various aspects of Kant's conception of the system of nature, the system of freedom, and the system of nature and freedom. The essays in the first part explore the systematicity of concepts and laws as the ultimate goal of natural science, consider the implications of Kant's account of our experience of organisms for the goal of the unity of science, and examine Kant's attempts to prove that the existence of an ether is a necessary condition for a physical system of nature. The essays in the second part explore Kant's view that morality requires a systematic union of persons as ends in themselves and of the ends that persons set for themselves, and examine the system of duties and obligations necessary to realize such a systematic union of persons and their ends. These essays thus examine both the general foundations of Kant's moral philosophy and his final account of the duties of right or justice and of ethics or virtue in his late work, the Metaphysics of Morals. The essays in the third part examine Kant's attempt, in the last of his three great critiques, the Critique of the Power of Judgment., to unify the systems of nature and freedom through a radical transformation of traditional teleology as a theory of the creation of organic nature into an account of our experience of organic nature and of nature as a whole.