How Law Knows

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Stanford University Press, 2007 - Law - 208 pages
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When citizens think about law's ways of knowing and about how legal officials gather information, assess factual claims, and judge people and situations, they are often confused by the seemingly arcane and constrained quality of the information-gathering, fact-evaluating procedures that legal officials employ or impose. Yet law's ways of knowing as varied as are the institutions and officials who populate any legal system.

From the rules of evidence to the technologies of risk management, from the practices of racial profiling to the development of trade knowledge, from the generation of independent knowledge practices to law's dependence on outside expertise, even a brief survey shows that law knows in many different ways, that its knowledge practices are contingent and responsive to context, and that they change over time.

 

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Contents

Fact and the Proof of Fact in AngloAmerican Law c 15001850
25
Theoretical and Methodological Issues in
72
Legal Realism as Psychological and Cultural Not Political Realism
93
How Law Knows in the American Trial Court
126
FactFinding in Constitutional Cases
156
INDEX
199
Copyright

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About the author (2007)

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science and Five College Fortieth Anniversary Professor at Amherst College. Lawrence Douglas is Professor of Law, Jurisprudence & Social Thought at Amherst College. Martha Merrill Umphrey is Associate Professor of Law, Jurisprudence & Social Thought at Amherst College.

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