Cover: Minding the Law, from Harvard University PressCover: Minding the Law in PAPERBACK

Minding the Law

Add to Cart

Product Details

PAPERBACK

$35.00 • £28.95 • €31.50

ISBN 9780674008168

Publication Date: 04/30/2002

Short

468 pages

6-1/8 x 9-1/4 inches

World

Related Subjects

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. Anthony G. Amsterdam and Jerome 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 will be welcomed by a new generation concerned with renewing law’s commitment to a humane justice.

Recent News

From Our Blog

Jacket: The Number of the Heavens: A History of the Multiverse and the Quest to Understand the Cosmos, by Tom Siegfried, from Harvard University Press

Q&A with Tom Siegfried, author of The Number of the Heavens: A History of the Multiverse and the Quest to Understand the Cosmos

In The Number of the Heavens, Tom Siegfried, the award-winning former editor of Science News, shows that one of the most fascinating and controversial ideas in contemporary cosmology—the existence of multiple parallel universes—has a long and divisive history that continues to this day. We spoke to him about the possible existence of a multiverse and the co

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.