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.
Amsterdam and 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.
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