Making The Case
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Making the Case
Author: Robert Leventhal
language: en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date: 2019-11-18
One hundred years before Freud’s striking psychoanalytic case-histories, the narrative psychological case-history emerged in the second half of the eighteenth century in Germany as an epistemic genre (Gianna Pomata) that cut across the disciplines of medicine, philosophy, law, psychology, anthropology and literature. It differed significantly from its predecessors in theology, jurisprudence, and medicine. Rather than subsuming the individual under an established classification, moral precept, category, or type, the narrative psychological case-history endeavored to articulate the individual in its very individuality, thereby constructing a ‘self’ in its irreducible singularity. The presentation and analysis of several significant psychological case-histories, their theory and practice, as well as the controversies surrounding their utility, validity, and function for an envisioned ‘science of the soul’ constitutes the core of the book. Close and ‘distant’ (F. Moretti) readings of key texts and figures in the discussion regarding ‘empirical psychology’ (psychologia empirica), experiential psychology (Erfahrungsseelenkunde) and ‘medical psychology’ (medizinische Psychologie) such as Christian Wolff, J.C. Krüger, J.C. Bolton, Ernst Nicolai, J.A. Unzer, J.G. Sulzer, J.G. Herder, Friedrich Schiller, Jacob Friedrich Abel, Marcus Herz, Karl Philipp Moritz, J.C. Reil, Ernst Platner and Immanuel Kant provide the disciplinary, historical-scientific context within which this genre comes to the fore. As the first systematic argument concerning the early history of this genre, my thesis is that the psychological case-history evolved as part of a pastoral apparatus of care, concern, guidance and direction for what it fashioned as the ‘unique’ individual, as the discursive medium in a process by which the soul became a ‘self’. The narrative psychological case-history was in fact a meta-genre that transcended traditional boundaries of history and fiction, medicine and philosophy, psychology and anthropology, and sought, for the first time, to explicitly link the experience, history, memory, fantasy, previous trauma or suffering of a unique individual to illness, deviance, aberration and crime. In a word, it demonstrated, as Freud later said of his own case-histories in Studies on Hysteria, “the intimate relation between the history of suffering and the symptoms of illness” (“die innige Beziehung zwischen Leidensgeschichte und Krankheitssymptome”). This genre not only had a profound and far-reaching effect on the evolution of German and European literature – one thinks of the rich traditions of the Novella and the Fallgeschichte from Goethe, Büchner, R. L Stevenson, Edgar Allen Poe and Chekhov to Kafka and beyond – but in shaping modern literature, the clinical sciences, and even popular culture. The book should therefore be of interest not merely to Germanists, modern European cultural historians, historians of science, and literary historians, but also those interested in the history of medicine and psychology, the origins of psychoanalysis, the history of anthropology, cultural studies, and, more generally, the history of ideas.
Making the Case
Author: Paul W. Kahn
language: en
Publisher: Yale University Press
Release Date: 2016-01-01
Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.
Making Your Case
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.