Jurismania

Jurismania PDF

Author: Paul F. Campos

Publisher: Oxford University Press

Published: 1999-07-15

Total Pages: 209

ISBN-13: 0195351371

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In Jurismania, Paul Campos asserts that our legal system is beginning to exhibit symptoms of serious mental illness. Trials and appeals that stretch out for years and cost millions, 100 page appellate court opinions, 1,000 page statutes before which even lawyers tremble with fear, and a public that grows more litigious every day all testify to a judicial overkill that borders on obsessive-compulsive disorder. Campos locates the source of such madness, paradoxically, in our worship of reason and the resulting belief that all problems are amenable to legal solutions. In insightful discussions of a wide range of cases, from NCAA regulations of student-athletes to the Simpson trial, from our most intractable social disputes over abortion and physician-assisted suicide to the war on drugs and the increasingly fastidious attempts to regulate behavior in public spaces, Campos shows that the mania for more law exacerbates the very problems it seeks to remedy. In his final chapter, the author calls instead for a humbling recognition of the limits of reason and a much more modest role for our legal system. Clearly written and laced with a delicious wit, Jurismania gives us a CAT-scan of the American legal mind at work. It reveals not only that the patient is even worse off than we imagined, but also clarifies the many reasons why.

Jurismania

Jurismania PDF

Author: Paul F. Campos

Publisher: Oxford University Press, USA

Published: 1999

Total Pages: 209

ISBN-13: 0195130839

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In Jurismania, Paul Campos asserts that our legal system is beginning to exhibit symptoms of serious mental illness. Trials and appeals that stretch out for years and cost millions, 100 page appellate court opinions, 1,000 page statutes before which even lawyers tremble with fear, and a public that grows more litigious every day all testify to a judicial overkill that borders on obsessive-compulsive disorder. Campos locates the source of such madness, paradoxically, in our worship of reason and the resulting belief that all problems are amenable to legal solutions. In insightful discussions of a wide range of cases, from NCAA regulations of student-athletes to the Simpson trial, from our most intractable social disputes over abortion and physician-assisted suicide to the war on drugs and the increasingly fastidious attempts to regulate behavior in public spaces, Campos shows that the mania for more law exacerbates the very problems it seeks to remedy. In his final chapter, the author calls instead for a humbling recognition of the limits of reason and a much more modest role for our legal system. Clearly written and laced with a delicious wit, Jurismania gives us a CAT-scan of the American legal mind at work. It reveals not only that the patient is even worse off than we imagined, but also clarifies the many reasons why

The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System PDF

Author: Benjamin H. Barton

Publisher: Cambridge University Press

Published: 2010-12-31

Total Pages: 313

ISBN-13: 1139495585

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Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

Not Quite Hope and Other Political Emotions in the Gilded Age

Not Quite Hope and Other Political Emotions in the Gilded Age PDF

Author: Nathan Wolff

Publisher: Oxford University Press, USA

Published: 2019-02-13

Total Pages: 227

ISBN-13: 0198831692

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Not Quite Hope and Other Political Emotions in the Gilded Age argues that late nineteenth-century US fiction grapples with and helps to conceptualize the disagreeable feelings that are both a threat to citizens' agency and an inescapable part of the emotional life of democracy--then as now. In detailing the corruption and venality for which the period remains known, authors including Mark Twain, Harriet Beecher Stowe, Henry Adams, and Helen Hunt Jackson evoked the depressing inefficacy of reform, the lunatic passions of the mob, and the revolting appetites of lobbyists and office seekers. Readers and critics of these Washington novels, historical romances, and satiric romans a clef have denounced these books' fiercely negative tone, seeing it as a sign of elitism and apathy. The volume argues, in contrast, that their distrust of politics is coupled with an intense investment in it. Chapters examine both common and idiosyncratic forms of political emotion, including 'crazy love', disgust, cynicism, 'election fatigue', and the myriad feelings of hatred and suspicion provoked by the figure of the hypocrite. In so doing, the book corrects critics' too-narrow focus on 'sympathy' as the American novel's model political emotion. We think of reform novels as fostering feeling for fellow citizens or for specific causes. This volume argues that Gilded Age fiction refocuses attention on the unstable emotions that shape our relation to politics as such. It also positions this literature's fraught fascination with formal politics as a necessary counterpoint to histories of US literature that focus only on the nineteenth-century novel's anti-institutional imaginaries.

Against the Law

Against the Law PDF

Author: Paul F. Campos

Publisher: Duke University Press

Published: 1996

Total Pages: 292

ISBN-13: 9780822318415

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A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.

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