A Clearing in the Forest: Law, Life, and Mind

Sprednja platnica
University of Chicago Press, 15. okt. 2001 - 426 strani
Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law.

Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways.

A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest.
 

Mnenja - Napišite recenzijo

Na običajnih mestih nismo našli nobenih recenzij.

Vsebina

A Clearing in the Forest
1
Embodiment
22
What Is Metaphor?
43
Radial Categories
69
Compositional Structure
104
The Doctrinal Wheel
139
What Is the Color of Law?
166
How Do Rules Work?
186
Reasoning by Analogy
221
Innovation
255
Within Reason
289
Meaning and Making
326
Notes
353
Index
405
Avtorske pravice

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 391 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

O avtorju (2001)

Steven L. Winter is the Walter S. Gibbs Professor of Constitutional Law and director of the Center for Legal Studies at Wayne State University Law School.

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