Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.
Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.
First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
If you ask a group of foreign lawyers encountering these materials what makes the American legal system unique, they will develop something like the following list: the role of juries; federalism; the prominence of the legal profession ...
Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.
Edward Banfield, a reactionary University of Chicago–trained sociologist, who was allied with James Q. Wilson. However, he was a sharp, politically acute, interesting manipulator and understander of how neoclassical thinking could be ...
Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.
The Legal Mind explains how the law finds facts and establishes rules in the face of deliberate deception, the fallibility of memory, the frailty of vision, and the ambiguity of language.Learn why seeing should not necessarily lead to ...
The essays represent an authoritative overview of leading historical interpretations as they address essential legal questions and point to future interpretive research directions to understand the complexities of American law and its legal ...
498 , 523-525 ( 1902 ) ; A. B. Parker , " The Common Law Jurisdiction of the United States Courts , " 17 Yale L. J. 1 ( 1907 ) ; Schofield , “ Swift v . Tyson : Uniformity of Judge - Made State Law in State and Federal Courts , ” 4 Ill ...
J.L. de los Mozos , “ El sistema del Common Law desde la perspectiva jurídica española " , in Estudio de Derecho Civil en homenaje al Profesor J. Beltrán de Heredia y Castaño ( Salamanca , 1984 ) , 541. It is probable that a similar ...