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.
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. Frank points out that legal verdicts are supposed to result from the application of legal rules to the facts of the suit--a procedure that sounds utterly methodical. Frank argues, that profound, immeasurable biases strongly influence the judge and jury's reaction to witnesses, lawyers, and litigants. As a result, we can never know what they will believe "the facts of the suit" to be. The trial's results become unforeseeable, the lawyer's advice unreliable, and the cause of justice insecure. This edition includes the author's final preface in which he answers two decades of criticism of his position.
David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles.
Their insights are extraordinary, their behaviors unusual. Their brains—shaped by the era of microprocessors, access to limitless information, and 24-hour news and communication—are remapping, retooling, and evolving. They're not superhuman. They're your twenty-something coworkers, your children, and your competition. Are you keeping up? In iBrain, Dr. Gary Small, one of America's leading neuroscientists and experts on brain function and behavior, explores how technology's unstoppable march forward has altered the way young minds develop, function, and interpret information. iBrain reveals a new evolution catalyzed by technological advancement and its future implications: Where do you fit in on the evolutionary chain? What are the professional, social, and political impacts of this new brain evolution? How must you adapt and at what price? While high-tech immersion can accelerate learning and boost creativity, it also has its glitches, among them the meteoric rise in ADD diagnoses, increased social isolation, and Internet addiction. To compete and thrive in the age of brain evolution, and to avoid these potential drawbacks, we must adapt, and iBrain—with its Technology Toolkit—equips all of us with the tools and strategies needed to close the brain gap.
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.
New York Times Bestseller • Finalist for the 2018 National Book Critics Circle Award in Nonfiction • A New York Times Notable Book • Bloomberg Best Book of 2018 “Their distinctive contribution to the higher-education debate is to meet safetyism on its own, psychological turf . . . Lukianoff and Haidt tell us that safetyism undermines the freedom of inquiry and speech that are indispensable to universities.” —Jonathan Marks, Commentary “The remedies the book outlines should be considered on college campuses, among parents of current and future students, and by anyone longing for a more sane society.” —Pittsburgh Post-Gazette Something has been going wrong on many college campuses in the last few years. Speakers are shouted down. Students and professors say they are walking on eggshells and are afraid to speak honestly. Rates of anxiety, depression, and suicide are rising—on campus as well as nationally. 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 contradict basic psychological principles about well-being and ancient wisdom from many cultures. Embracing these untruths—and the resulting culture of safetyism—interferes with young people’s social, emotional, and intellectual development. It makes it harder for them to become autonomous adults who are able to navigate the bumpy road of life. Lukianoff and Haidt investigate the many social trends that have intersected to promote the spread of these untruths. They explore changes in childhood such as the rise of fearful parenting, the decline of unsupervised, child-directed play, and the new world of social media that has engulfed teenagers in the last decade. They examine changes on campus, including the corporatization of universities and the emergence of new ideas about identity and justice. They situate the conflicts on campus within the context of America’s rapidly rising political polarization and dysfunction. 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.
Modern philosophy finds it difficult to give a satisfactory picture of the place of minds in the world. In Mind and World, one of the most distinguished philosophers writing today offers his diagnosis of this difficulty and points to a cure.
