Human Jurisprudence

This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, "missionary," critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes-par...

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Egile nagusia: Schubert, Glendon
Formatua: Online
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Argitaratua: University of Hawai'i Press 2023
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Sarrera elektronikoa:ONIX_20231005_9780824883829_240
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author Schubert, Glendon
author_browse Schubert, Glendon
author_facet Schubert, Glendon
author_sort Schubert, Glendon
collection Directory of Open Access Books
description This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, "missionary," critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes-particularly law, politics, and scholarship-are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge's behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology-attitudes toward human values-is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert's concern at the time they were written, and taken together they show the movement and growth of his ideas and interests.
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spelling doab-20.500.12854ir-1144612024-03-30T23:23:14Z Human Jurisprudence Schubert, Glendon Law thema EDItEUR::L Law::LA Jurisprudence and general issues This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, "missionary," critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes-particularly law, politics, and scholarship-are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge's behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology-attitudes toward human values-is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert's concern at the time they were written, and taken together they show the movement and growth of his ideas and interests. 2023-10-05T10:06:22Z 2023-10-05T10:06:22Z 1975 book ONIX_20231005_9780824883829_240 9780824883829 9780824802943 https://directory.doabooks.org/handle/20.500.12854/114461 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.jstor.org/stable/10.2307/j.ctvp7d4t4 University of Hawai'i Press 10.2307/j.ctvp7d4t4 10.2307/j.ctvp7d4t4 e44031ed-f19b-493a-b6b0-2a6d8788d971 b799502e-ac20-4c6a-b731-c07677ba0ea5 9780824883829 9780824802943 [...] open access
spellingShingle Law
thema EDItEUR::L Law::LA Jurisprudence and general issues
Schubert, Glendon
Human Jurisprudence
title Human Jurisprudence
title_full Human Jurisprudence
title_fullStr Human Jurisprudence
title_full_unstemmed Human Jurisprudence
title_short Human Jurisprudence
title_sort human jurisprudence
topic Law
thema EDItEUR::L Law::LA Jurisprudence and general issues
topic_facet Law
thema EDItEUR::L Law::LA Jurisprudence and general issues
url ONIX_20231005_9780824883829_240
work_keys_str_mv AT schubertglendon humanjurisprudence