Law And The Modern Mind
''Law and the Modern Mind'' is a 1930 book by Jerome Frank which argued that judicial decisions were more influenced by psychological factors than by objective legal premises. Frank, then a legal academic, published the book after having undergone six months of psychoanalysis. In it, he argued against the "basic legal myth" that judges never make law but simply deduce legal conclusions from premises that are clear, certain, and substantially unchanging. Drawing on psychologists such as Sigmund Freud and Jean Piaget Jean William Fritz Piaget (, , ; 9 August 1896 – 16 September 1980) was a Swiss psychologist known for his work on child development. Piaget's theory of cognitive development and epistemological view are together called "genetic epistemolo ..., Frank proposed that judicial decisions were motivated primarily by the influence of psychological factors on the individual judge.Walter E. Volkomer, "Frank, Jerome N.", in Roger K. Newman, ed., ''The Yale Biographical ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Jerome Frank
Jerome New Frank (September 10, 1889 – January 13, 1957) was an American legal philosopher and author who played a leading role in the legal realism movement. He was Chairman of the Securities and Exchange Commission, and a United States circuit judge of the United States Court of Appeals for the Second Circuit. Early life, education, and career Born in New York City, New York, Frank's parents were Herman Frank and Clara New Frank, descendants of mid-19th-century German Jewish immigrants.Yale University Library Guide to the Jerome New Frank Papers - Biographical History Frank's father, also an attorney, relocated the family to [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Judicial Decision
A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and an analysis of the law used to arrive at the decision. Drafting process An opinion may be released in several stages of completeness. First, a bench opinion may be handed down, with the judge or panel of judges indicating their decision and a rough explanation of the reasoning underlying it. A slip opinion may also be issued the day the decision is handed down, and is usually not typeset or fully formatted. It is not the final or most authoritative version, being subject to further revision before being replaced with a final published edition. The Supreme Court of the United States issues slip opinions with the following disclaimer: Types of judicial opinions A unanimous opinion is one in which all of the justices agree and offer on ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Psychoanalysis
PsychoanalysisFrom Greek: + . is a set of theories and therapeutic techniques"What is psychoanalysis? Of course, one is supposed to answer that it is many things — a theory, a research method, a therapy, a body of knowledge. In what might be considered an unfortunately abbreviated description, Freud said that anyone who recognizes transference and resistance is a psychoanalyst, even if he comes to conclusions other than his own.… I prefer to think of the analytic situation more broadly, as one in which someone seeking help tries to speak as freely as he can to someone who listens as carefully as he can with the aim of articulating what is going on between them and why. David Rapaport (1967a) once defined the analytic situation as carrying the method of interpersonal relationship to its last consequences." Gill, Merton M. 1999.Psychoanalysis, Part 1: Proposals for the Future" ''The Challenge for Psychoanalysis and Psychotherapy: Solutions for the Future''. New York: Americ ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Sigmund Freud
Sigmund Freud ( , ; born Sigismund Schlomo Freud; 6 May 1856 – 23 September 1939) was an Austrian neurologist and the founder of psychoanalysis, a clinical method for evaluating and treating psychopathology, pathologies explained as originating in conflicts in the Psyche (psychology), psyche, through dialogue between a patient and a psychoanalyst. Freud was born to Galician Jews, Galician Jewish parents in the Moravian town of Příbor, Freiberg, in the Austrian Empire. He qualified as a doctor of medicine in 1881 at the University of Vienna. Upon completing his habilitation in 1885, he was appointed a docent in neuropathology and became an affiliated professor in 1902. Freud lived and worked in Vienna, having set up his clinical practice there in 1886. In 1938, Freud left Austria to escape Nazi persecution. He died in exile in the United Kingdom in 1939. In founding psychoanalysis, Freud developed therapeutic techniques such as the use of free association (psychology), free a ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Jean Piaget
Jean William Fritz Piaget (, , ; 9 August 1896 – 16 September 1980) was a Swiss psychologist known for his work on child development. Piaget's theory of cognitive development and epistemological view are together called " genetic epistemology". Piaget placed great importance on the education of children. As the Director of the International Bureau of Education, he declared in 1934 that "only education is capable of saving our societies from possible collapse, whether violent, or gradual". His theory of child development is studied in pre-service education programs. Educators continue to incorporate constructivist-based strategies. Piaget created the International Center for Genetic Epistemology in Geneva in 1955 while on the faculty of the University of Geneva, and directed the center until his death in 1980. The number of collaborations that its founding made possible, and their impact, ultimately led to the Center being referred to in the scholarly literature as "Piaget's ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Oliver Wendell Holmes Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only 8 months younger when he retired on April 12, 2010. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alm ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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1930 Non-fiction Books
Year 193 ( CXCIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sosius and Ericius (or, less frequently, year 946 ''Ab urbe condita''). The denomination 193 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * January 1 – Year of the Five Emperors: The Roman Senate chooses Publius Helvius Pertinax, against his will, to succeed the late Commodus as Emperor. Pertinax is forced to reorganize the handling of finances, which were wrecked under Commodus, to reestablish discipline in the Roman army, and to suspend the food programs established by Trajan, provoking the ire of the Praetorian Guard. * March 28 – Pertinax is assassinated by members of the Praetorian Guard, who storm the imperial palace. The Empire is auctioned off ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
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Books About Jurisprudence
A book is a medium for recording information in the form of writing or images, typically composed of many page (paper), pages (made of papyrus, parchment, vellum, or paper) bookbinding, bound together and protected by a book cover, cover. The technical term for this physical arrangement is ''codex'' (plural, ''codices''). In the history of hand-held physical supports for extended written compositions or records, the codex replaces its predecessor, the scroll. A single sheet in a codex is a Recto, leaf and each side of a leaf is a page (paper), page. As an intellectual object, a book is prototypically a composition of such great length that it takes a considerable investment of time to compose and still considered as an investment of time to read. In a restricted sense, a book is a self-sufficient section or part of a longer composition, a usage reflecting that, in antiquity, long works had to be written on several scrolls and each scroll had to be identified by the book it co ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |