Download or read book Law Culture and Ritual written by Oscar G Chase and published by NYU Press. This book was released on 2007 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Oscar G. Chase studies the American legal system in the manner of an anthropologist. By comparing American 'dispute ways' with those of other systems, including some commonly believed to be more 'primitive, ' he finds interesting similarities that challenge the premise that we live in a society regulated by a rational and just 'rule of law.'" --New York Law Journal"A witty and engaging endeavor. . . . A good contribution to our professional knowledge, and it is a must reading." --Law and Politics Book Review"After reading Law, Culture, and Ritual, no one could ever again think that our legal proceedings are nothing more than an efficient method of discovering truth and applying law. Oscar Chase effectively uses a comparative approach to help us to step back from our legal practices and see just how steeped in myths, rituals and traditions they are. Scholars will want to read this book for its contribution to comparative law, but everyone interested in American culture should read this book. Chase shows us that there is no separating law from culture: each informs and maintains the other. Law, Culture, and Ritual is a major step forward in the rapidly expanding field of the cultural study of law." --Paul Kahn, author of The Cultural Study of Law: Reconstructing Legal Scholarship"Having allowed ourselves to be convinced (wrongly) that we are the most litigious people in the world, Americans have become obsessed with finding (quick) cures. Oscar Chase's book sounds a salutary warning. By presenting striking comparative examples that shatter our parochialism, he forces us to examine the cultural roots of dispute processes." --Richard Abel, Connell Professor of Law, UCLA LawSchoolDisputing systems are products of the societies in which they operate - they originate and mutate in respons

Download or read book Truth and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.

Download or read book Rethinking Evidence written by William Twining and published by Cambridge University Press. This book was released on 2006-06-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Download or read book Minding the Law written by Anthony G. AMSTERDAM and published by Harvard University Press. This book was released on 2009-06-30 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Evidence and Inquiry written by Susan Haack and published by Prometheus Books. This book was released on 2009-12-02 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important new work, Haack develops an original theory of empirical evidence or justification, and argues its appropriateness to the goals of inquiry. In so doing, Haack provides detailed critical case studies of Lewis's foundationalism; Davidson's and Bonjour's coherentism; Popper's 'epistemology without a knowing subject'; Quine's naturalism; Goldman's reliabilism; and Rorty's, Stich's, and the Churchlands' recent obituaries of epistemology.

Download or read book Knowledge in a Social World written by Alvin I. Goldman and published by Oxford University Press. This book was released on 1999-01-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowledge in a Social World offers a philosophy for the information age. Alvin Goldman explores new frontiers by creating a thoroughgoing social epistemology, moving beyond the traditional focus on solitary knowers. Social, cultural, and technological changes present new challenges to our ways of knowing and understanding, and philosophy must face these challenges. Against the tides of postmodernism and social constructionism Goldman defends the integrity of truth and shows how to promote it by well-designed forms of social interaction. He urges that social discourse promises more than the mere politics of consensus, and that suitably norm-governed debate and belief-revision can increase veridical knowledge. Goldman's aims are not just philosophical but practical. From science to education, from law to democracy, he shows why and how public institutions should seek knowledge-enhancing practices. He examines how cyberspace and other technologies expand the scope of communication, and warns of the need to safeguard content quality. He scrutinizes the free marketplace of ideas, the adversary system in the law, and media coverage of political campaigns. The result is a bold, timely, and systematic treatment of the philosophical foundations of an information society.

Download or read book Educating Reason written by Harvey Siegel and published by Routledge. This book was released on 2013-09-27 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1988. The critical thinking movement is increasingly important in the philosophy of education. Beginning from the generally accepted view that children should be taught to reason, not simply to repeat what they have been told, it tries to establish whether it is in fact possible to teach children a set of skills which add up to thinking. Siegel here examines three major conceptions of critical thinking and then puts forward his own definition of the critical thinker as one who is appropriately moved by reasons'. He argues that critical thinking is a fundamental educational ideal, and defends the ideal against charges of indoctrination. Chapters on science education and minimum competency testing highlight its practical implications for education policy and curriculum. This book should be of interest to lecturers and students of education and philosophy.

Download or read book Reason and Teaching written by Israel Scheffler and published by Hackett Publishing. This book was released on 1989-01-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exhibits to the highest degree that commitment to rationality that scheffler is so at pains to argue on bhalf of. No viewpoint is misrepresented: there is meticulous concern to state the issues. -- Philosophical Books

Download or read book The Burdens of Proof written by Dale A. Nance and published by Cambridge University Press. This book was released on 2016-03-11 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

Download or read book Handbook of Epistemology written by I. Niiniluoto and published by Springer Science & Business Media. This book was released on 2004-03-31 with total page 1074 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-eight essays in this Handbook, all by leading experts in the field, provide the most extensive treatment of various epistemological problems, supplemented by a historical account of this field. The entries are self-contained and substantial contributions to topics such as the sources of knowledge and belief, knowledge acquisition, and truth and justification. There are extensive essays on knowledge in specific fields: the sciences, mathematics, the humanities and the social sciences, religion, and language. Special attention is paid to current discussions on evolutionary epistemology, relativism, the relation between epistemology and cognitive science, sociology of knowledge, epistemic logic, knowledge and art, and feminist epistemology. This collection is a must-have for anybody interested in human knowledge, and its fortunes and misfortunes.

Download or read book Pathways to Knowledge written by Alvin I. Goldman and published by Oxford University Press. This book was released on 2002-01-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we know? How can we attain justified belief? These traditional questions in epistemology have inspired philosophers for centuries. Now, in this exceptional work, Alvin Goldman, distinguished scholar and leader in the fields of epistemology and mind, approaches such inquiries as legitimate methods or "pathways" to knowledge. He examines the notion of private and public knowledge, arguing for the epistemic legitimacy of private and introspective methods of gaining knowledge, yet acknowledging the equal importance of social and public mechanisms in the quest for truth. Throughout, he addresses this opposition but proposes a rigorous framework that resolves such tensions, making this collection of papers one of the most important contributions to the theory of knowledge in recent years.

Download or read book Rationality Redeemed written by Harvey Siegel and published by Routledge. This book was released on 2013-12-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Educating Reason, Harvey Siegel presented the case regarding rationality and critical thinking as fundamental education ideals. In Rationality Redeemed?, a collection of essays written since that time, he develops this view, responds to major criticisms raised against it, and engages those critics in dialogue. In developing his ideas and responding to critics, Siegel addresses main currents in contemporary thought, including feminism, postmodernism and multiculturalism.

Download or read book International Encyclopedia of Comparative Law written by Arthur Taylor von Mehren and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.

Download or read book A Companion to the Philosophy of Education written by Randall Curren and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to the Philosophy of Education is a comprehensive guide to philosophical thinking about education. Offers a state-of-the-art account of current and controversial issues in education, including issues pertaining to multiculturalism, special education, sex education, and academic freedom. Written by an international team of leading experts, who are directly engaged with these profound and complex educational problems. Serves as an indispensable guide to the field of philosophy of education.

Download or read book Considered Judgment written by Catherine Z. Elgin and published by Princeton University Press. This book was released on 1999-02-21 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy long sought to set knowledge on a firm foundation, through derivation of indubitable truths by infallible rules. For want of such truths and rules, the enterprise foundered. Nevertheless, foundationalism's heirs continue their forbears' quest, seeking security against epistemic misfortune, while their detractors typically espouse unbridled coherentism or facile relativism. Maintaining that neither stance is tenable, Catherine Elgin devises a via media between the absolute and the arbitrary, reconceiving the nature, goals, and methods of epistemology. In Considered Judgment, she argues for a reconception that takes reflective equilibrium as the standard of rational acceptability. A system of thought is in reflective equilibrium when its components are reasonable in light of one another, and the account they comprise is reasonable in light of our antecedent convictions about the subject it concerns. Many epistemologists now concede that certainty is a chimerical goal. But they continue to accept the traditional conception of epistemology's problematic. Elgin suggests that in abandoning the quest for certainty we gain opportunities for a broader epistemological purview--one that comprehends the arts and does justice to the sciences. She contends that metaphor, fiction, emotion, and exemplification often advance understanding in science as well as in art. The range of epistemology is broader and more variegated than is usually recognized. Tenable systems of thought are neither absolute nor arbitrary. Although they afford no guarantees, they are good in the way of belief.