Download A Clearing in the Forest: Law, Life, and Mind
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A Clearing in the Forest: Law, Life, and Mind
Download A Clearing in the Forest: Law, Life, and Mind
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Review
NY Law JournalWinter demonstrates with his new tools what his intellectual forbearers, Oliver Wendell Holmes and Karl Llewellyn, merely suggested: regularity in law derives more from the imaginative processes than from rationalistic logic or rules.
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From the Inside Flap
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 decision making 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.
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Product details
Paperback: 446 pages
Publisher: University of Chicago Press; Revised edition (September 1, 2003)
Language: English
ISBN-10: 0226902226
ISBN-13: 978-0226902227
Product Dimensions:
6 x 1.1 x 9 inches
Shipping Weight: 1.3 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
2 customer reviews
Amazon Best Sellers Rank:
#2,032,667 in Books (See Top 100 in Books)
In 2005 I stumbled across this book on Amazon almost by accident. I was writing a thesis on new directions for legal philosophy/theory and the phrase "cognitive legal studies" caught my attention. "A Clearing in the Forest" changed my thinking about law forever! Having read this book several times, I now am much more aware about the beyond-surface level of legal decisionmaking. I think about court rulings and legislation in terms of categorization, image schemas, conceptual metaphors, prototype effects, radial categories, compositional structures. It is a more in-depth and true to life perspective than what is being tought in law schools - where you get a very simplistic explanation of legal decision making (where the judges alledgedly get the insight on what the law says from the texts; beyond the texts there are just personal attitudes or politics - that's obviously a quite primitive outlook that doesn't even attempt to explore what really is going on in a person's mind when faced with a legal problem).This book might be a bit complicated for those who are not willing to engage deeply in cognitive science and semantics (even though all the concepts are explained and there are many examples). In order to understand the importance of the subject in a more easy-going manner, I would advise to also look at Hames Geary's new book "I Is an Other: The Secret Life of Metaphor and How it Shapes the Way We See the World"
Revolutionary for legal theory and legal philosophy. The book gives new possibilities of their development. The best application of cognitive sciences to law I ever met.
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