Scott Brewer

Professor of Law

Areas of Interest

Scott Brewer, Scientific Expert Testimony and Intellectual Due Process, 107 Yale L.J. 1535 (1998).
Categories:
Disciplinary Perspectives & Law
,
Civil Practice & Procedure
Sub-Categories:
Evidence
,
Legal Theory & Philosophy
Type: Article
Scott Brewer, Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force of Legal Argument by Analogy, 109 Harv. L. Rev. 923 (1996).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Scott Brewer, Agonophobia (Fear of Contest) In the Theory of Argument?: The Case of Gary Lawson’s Evidence of the Law, 97 B.U. L. Rev. 2303 (2017).
Categories:
Disciplinary Perspectives & Law
,
Civil Practice & Procedure
,
Criminal Law & Procedure
Sub-Categories:
Criminal Evidence
,
Evidence
,
Legal Theory & Philosophy
Type: Article
Abstract
I begin by commending my friend Gary Lawson for his important treatment of the nature of evidence and proof in his book Evidence of the Law. I write, very much, I think, in the spirit of his book and his own agonophilic (I shall explain this concept) style, to question whether his theory of proof hinders its explanatory power by omitting to recognize virtues of arguments other than the one on which he (and, for that matter, most philosophers--he is in good company) focuses, namely, argumentative proofs that produce true or probabilistically warranted propositions. To make my argument I draw on my own theory of the nature of argument and method of analyzing the virtues and vices of argument. I call this method and its supporting theory the Logocratic Method (“LM”). My task in this Lecture is to present enough of the LM-- including two of its concepts central to my critique, “agonophilia” and “agonophobia”--and enough of a re-presentation of what I understand Gary's argument about the nature of proof to be, to raise my question about the explanatory adequacy of Gary's theory.
Jack Weinstein, Norman Abrams, Scott Brewer & Daniel Medwed, Evidence (Foundation Press 10th ed. 2017).
Categories:
Civil Practice & Procedure
,
Legal Profession
,
Criminal Law & Procedure
Sub-Categories:
Criminal Evidence
,
Evidence
,
Legal Education
Type: Book
Abstract
"After 20 years, the return of a classic! The 10th edition of Weinstein, Abrams, Brewer and Medwed, Evidence—Cases and Materials (the authors of the previous edition were Weinstein, Mansfield, Abrams and Berger)—to be published in time for classes beginning in the Fall 2017 semester. This book enables teaching of the rules of evidence, with an in-depth understanding achieved by no other casebook. The authors extensively cover rationales for the rules and how they fit into our system of resolving civil disputes as well as handling criminal justice issues in both jury and non-jury contexts. Many books focus on teaching the rules only in a trial practice mode. In this era of fewer trials, the book’s philosophic underpinning is that the best way to teach Evidence is to provide students with a full and in-depth understanding of each rule so as to prepare them to deal with any possible variation on the issues that can arise at the stages of fact-gathering and investigation, or deposition and discovery, or at the stages of trial, or on appeal. The new edition, while as comprehensive and rich in analysis and supporting materials as previous editions, also contains new explanatory material designed to further students’ understanding of the issues. This edition blends the new with the old, representing the latest installment of a casebook with a lineage that dates back to the nineteenth century. The tenth edition retains much of the historical evolution of evidence law from its common law origins through the emergence of the Federal Rules of Evidence and analogous state approaches. In addition, this comprehensive casebook covers new developments in scientific evidence, and applies new insights from fields such as logic and probability." -- Foundation Press
Scott Brewer, Gustavo Ribeiro & Giovanni Sartor, Introduction, 13 Law, Probability & Risk 193 (2014).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Scott Brewer, Logocratic Method and the Analysis of Arguments in Evidence, 10 Law, Probability & Risk 175 (2011).
Categories:
Civil Practice & Procedure
,
Disciplinary Perspectives & Law
Sub-Categories:
Evidence
,
Legal Theory & Philosophy
Type: Article
Scott Brewer, Satisfaction and Posner's Morin Opinion: Aliquando bonus dormitat posnerus?, 120 Harv. L. Rev. 1123 (2007).
Categories:
Disciplinary Perspectives & Law
,
Banking & Finance
,
Government & Politics
Sub-Categories:
Contracts
,
Legal Theory & Philosophy
,
Judges & Jurisprudence
Type: Article
Scott Brewer, Socrates and Jurisprudence, Regional Symposium on Contemplative Practice in Higher Education, Amherst College (May 2003).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal & Political Theory
,
Legal Ethics
Type: Presentation
Abstract
Regional Symposium on Contemplative Practice in Higher Education
Scott Brewer, Intellectual Integrity in the Legal Process, Provost's Lecture, SUNY Stony Brook (Spring 2003).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Presentation
Abstract
Provost's Lecture
Scott Brewer, Is Philosophy in Evidence?, Conference Culture and Inference (Spring 2003).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Civil Practice & Procedure
Sub-Categories:
Evidence
,
Legal Theory & Philosophy
,
Legal Ethics
,
Legal & Political Theory
Type: Presentation
Abstract
Conference Culture and Inference
Scott Brewer, Speech: "The Examined Life of the Law," The Law Program of the Center for Contemplative Mind in Society (March 2002).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Presentation
Abstract
The Law Program of the Center for Contemplative Mind in Society
Scott Brewer, On the Possibility of Necessity in Legal Argument: A Dilemma for Holmes and Dewey, 34 J. Marshall L. Rev. 9 (2000).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Government & Politics
Sub-Categories:
Legal Theory & Philosophy
,
Judges & Jurisprudence
,
Legal History
Type: Article
Scott Brewer, Traversing Holmes' Path Toward a Jurisprudence of Logical Form, in "The Path of the Law" and Its Influence: The Legacy of Oliver Wendell Holmes, Jr. 94 (Steven J. Burton ed., 2000).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
,
Government & Politics
Sub-Categories:
Legal Theory & Philosophy
,
Judges & Jurisprudence
,
Legal History
,
Legal & Political Theory
Type: Book
Scott Brewer, Exemplary Reasoning: Semantics, Pragmatics, and the Rational Force of Legal Argument by Analogy, in The Philosophy of Legal Reasoning: Logic, Probability, and Presumptions in Legal Reasoning 49 (Scott Brewer ed., Garland 1998).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Book
Scott Brewer, Pragmatism, Oppression, and the Flight to Substance, in The Philosophy of Legal Reasoning: Evolution and Revolution in Theories of Legal Reasoning 105 (Scott Brewer ed., Garland 1998).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Book
Scott Brewer, Rational Force of Legal Argument by Anthology, in The Philosophy of Legal Reasoning 49 (Scott Brewer ed., Garland 1998).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
The Philosophy of Legal Reasoning (Scott Brewer ed., 1998). (with introduction by Scott Brewer, 5 vols.)
Categories:
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
,
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
Scott Brewer, Justice Marshall's Justice Martial, 71 Tex. L. Rev. 1121 (1993).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Scott Brewer, Quelques Raisonnements Theoriques sur des Raisonnements Pratiques a Propos du Rasionnement Theorique, in Fondements Naturels de l'Ethique 267 (Jean-Pierre Changeux ed., Editions Odile Jacob 1991).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
,
Legal & Political Theory
Type: Book
Scott Brewer, Pragmatism, Oppression, and the Flight to Substance, 63 S. Cal. L. Rev. 1753 (1990).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Scott Brewer, Symposium on the Renaissance of Pragmatism in American Legal Thought — Afterword, 63 S. Cal. L. Rev. 1911 (1990).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Scott Brewer, Choosing Sides in the Racial Critiques Debate — Introduction, 103 Harv. L. Rev. 1844 (1990).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Critical Legal Studies
,
Legal Theory & Philosophy
Type: Article
Scott, Brewer, Note: Figuring the Law: Holism and Tropological Inference in Legal Interpretation, 97 Yale L.J. 823 (1988).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article

Current Courses

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