OUP USA (2012)
|Abstract||Formally, the law is based solely on reasoned analysis, devoid of ideological biases or unconscious influences. Judges claim to act as umpires applying the rules, not making them. They frame their decisions as straightforward applications of an established set of legal doctrines, principles, and mandates to a given set of facts. As most legal scholars understand, however, the impression that the legal system projects is largely an illusion. As far back as 1881, Oliver Wendell Holmes, Jr. made a similar claim, writing that "the felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have a good deal more to do than the syllogism in determining the rules by which men should be governed." More than a century later, we are now much closer to understanding the mechanisms responsible for the gap between the formal face of the law and the actual forces shaping it. Over the last decade or so, political scientists and legal academics have begun studying the linkages between ideologies, on one hand, and legal principles and policy outcomes on the other. During that same period, mind scientists have turned to understanding the psychological sources of ideology. This book is the first to bring many of the world's experts on those topics together to examine the sometimes unsettling interactions between psychology, ideology, and law, and to better understand what, beyond and beneath the logic, animates the law.|
|Keywords||No keywords specified (fix it)|
|Buy the book||$66.12 used (40% off) $91.26 new (18% off) $95.99 direct from Amazon (13% off) Amazon page|
|Through your library||Configure|
Similar books and articles
Stig Jørgensen (1978). Values in Law: Ideas, Principles and Rules. Juristforbundet.
Wade Mansell (2004). A Critical Introduction to Law. Cavendish Pub..
Steven J. Burton (ed.) (2000). The Path of the Law and its Influence: The Legacy of Oliver Wendell Holmes, Jr. Cambridge University Press.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
William Partlett, Reclassifying Russian Law: Mechanisms, Outcomes, and Solutions for an Overly Politicized Field.
Robert S. Summers (2006). Form and Function in a Legal System: A General Study. Cambridge University Press.
Neil MacCormick (2005). Rhetoric and the Rule of Law: A Theory of Legal Reasoning. Oxford University Press.
Theodore M. Benditt (1978). Law as Rule and Principle: Problems of Legal Philosophy. Stanford University Press.
Anthony James Sebok (1998). Legal Positivism in American Jurisprudence. Cambridge University Press.
Francois Chevrette & Hugo Cyr, Legal Positivism? What Are You Talking About? ('De Quel Positivisme Parlez-Vous?').
David T. Ritchie (2008). Mastering Legal Analysis and Communication. Carolina Academic Press.
Added to index2012-04-15
Total downloads4 ( #178,844 of 550,917 )
Recent downloads (6 months)1 ( #63,425 of 550,917 )
How can I increase my downloads?