New Books In Law

Susanna L. Blumenthal is a professor of law and associate professor of history at the University of Minnesota. Her book, Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture (Harvard University Press, 2016) won the 2017 Merle Curti Prize from the Organization of American Historians. Blumenthal offers a historical examination of the jurisprudence of insanity, legal capacity, and accountability from post-revolutionary America through the nineteenth century. Americans struggling to set the boundaries of ordered liberty turned to Common Sense philosophy that held to divinely given rational faculties of intellect, volition, and moral sense. Republican citizenship assumed that a reasonable man, as a legal person, would act accordingly. The market economy of self-made men, the new field of medical psychology, will and contract challenges over wealth and property, tort law and increased liability claims exposed the inadequacy of social and political norms in defining human fallibility,