A Theory of the Trial

A Theory of the Trial PDF Author: Robert P. Burns
Publisher: Princeton University Press
ISBN: 1400823374
Category : Law
Languages : en
Pages : 258

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Book Description
Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

A Theory of the Trial

A Theory of the Trial PDF Author: Robert P. Burns
Publisher: Princeton University Press
ISBN: 1400823374
Category : Law
Languages : en
Pages : 258

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Book Description
Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

Political Trials in Theory and History

Political Trials in Theory and History PDF Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 1108107656
Category : Political Science
Languages : en
Pages : 451

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Book Description
From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.

The Practice of Justice

The Practice of Justice PDF Author: William H. Simon
Publisher: Harvard University Press
ISBN: 0674043669
Category : Law
Languages : en
Pages : 264

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Book Description
Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

Hannah Arendt

Hannah Arendt PDF Author: Peter Burdon
Publisher: Routledge
ISBN: 1317273532
Category : Law
Languages : en
Pages : 309

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Book Description
Hannah Arendt is one of the great outsiders of twentieth-century political philosophy. After reporting on the trial of Nazi war criminal Adolf Eichmann, Arendt embarked on a series of reflections about how to make judgments and exercise responsibility without recourse to existing law, especially when existing law is judged as immoral. This book uses Hannah Arendt’s text Eichmann in Jerusalem to examine major themes in legal theory, including the nature of law, legal authority, the duty of citizens, the nexus between morality and law and political action.

Sourcebook of Family Theory and Research

Sourcebook of Family Theory and Research PDF Author: Vern L. Bengtson
Publisher: SAGE
ISBN: 9780761930655
Category : Family & Relationships
Languages : en
Pages : 692

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Book Description
Now available in paperback for classroom use!"This comprehensive text provides a rich source of perspectives on theorising about the family for scholars, researchers, and students. Another of the book′s strengths is the emphasis on multimethod approaches in family research. The book covers an impressive range of topics and issues - marital happiness, adjustment of children in divorce marriages, gay marriage, sibling ties, ethnic families of colour, stepfamilies, aggression culture, work and family, religion, and social policy, to name a few. In summary, this superb volume is highly recommended and amply reflects the many contemporary perspectives on the family." --Philip Siebler, Monash University, VictoriaSponsored by the National Council on Family Relations, the Sourcebook of Family Theory and Research is the reference work on theory and methods for family scholars and students around the world. This volume provides a diverse, eclectic, and paradoxically mature approach to theorizing and demonstrates how the development of theory is crucial to the future of family research. The Sourcebook reflects an interactive approach that focuses on the process of theory building and designing research, thereby engaging readers in "doing" theory rather than simply reading about it. An accompanying website offers additional participation and interaction in the process of doing theory and making science. Editors Vern L. Bengtson, Alan C. Acock, Katherine R. Allen, Peggye Dilworth-Anderson, and David M. Klein have brought together a prominent group of diverse contributors ranging in race and ethnicity, age and seniority, and gender and sexual orientation. The Sourcebook begins with a section that sets the context for future family research. The subsequent sections explore changing family patterns, changing family interactions within and across generations, and families and larger social forces. A concluding section discusses issues of teaching family theories and research.Key Features Focuses on the process rather than the outcomes of family theory and research methods Emphasizes the value of multi-methods approaches in family research by integrating theory development with the development of research methods Differs from many other publications on family research by describing the development of new ideas rather than just summarizing existing findings The interactive Web site and the special feature boxes within the chapters engage readers with theory and methodology. Boxed features include Case Studies, Spotlights on Theory, Spotlights on Methods, and a Discussion and Extension sections. Represents a "Who′s Who" of family researchers with contributions from many of the best researchers in the family realm The Sourcebook will be an excellent addition to any academic library. It is an authoritative reference for scholars and researchers in Human Development and Family Studies, Sociology, Social Work, and Psychology. In addition, the Sourcebook can also be used in graduate courses on family theory and methodology.

The Theory of Response-Adaptive Randomization in Clinical Trials

The Theory of Response-Adaptive Randomization in Clinical Trials PDF Author: Feifang Hu
Publisher: John Wiley & Sons
ISBN: 0470055871
Category : Mathematics
Languages : en
Pages : 234

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Book Description
Presents a firm mathematical basis for the use of response-adaptive randomization procedures in practice The Theory of Response-Adaptive Randomization in Clinical Trials is the result of the authors' ten-year collaboration as well as their collaborations with other researchers in investigating the important questions regarding response-adaptive randomization in a rigorous mathematical framework. Response-adaptive allocation has a long history in biostatistics literature; however, largely due to the disastrous ECMO trial in the early 1980s, there is a general reluctance to use these procedures. This timely book represents a mathematically rigorous subdiscipline of experimental design involving randomization and answers fundamental questions, including: How does response-adaptive randomization affect power? Can standard inferential tests be applied following response-adaptive randomization? What is the effect of delayed response? Which procedure is most appropriate and how can "most appropriate" be quantified? How can heterogeneity of the patient population be incorporated? Can response-adaptive randomization be performed with more than two treatments or with continuous responses? The answers to these questions communicate a thorough understanding of the asymptotic properties of each procedure discussed, including asymptotic normality, consistency, and asymptotic variance of the induced allocation. Topical coverage includes: The relationship between power and response-adaptive randomization The general result for determining asymptotically best procedures Procedures based on urn models Procedures based on sequential estimation Implications for the practice of clinical trials Useful for graduate students in mathematics, statistics, and biostatistics as well as researchers and industrial and academic biostatisticians, this book offers a rigorous treatment of the subject in order to find the optimal procedure to use in practice.

The Trial (審判)

The Trial (審判) PDF Author: Franz Kafka
Publisher: Hyweb Technology Co. Ltd.
ISBN:
Category : Foreign Language Study
Languages : en
Pages : 827

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Book Description
The Trial (German: Der Process) is a novel by Franz Kafka about a character named Josef K., who awakens one morning and, for reasons never revealed, is arrested and prosecuted for an unspecified crime. According to Kafka's friend Max Brod, the author never finished the novel and wrote in his will that it was to be destroyed. After his death, Brod went against Kafka's wishes and edited The Trial into what he felt was a coherent novel and had it published in 1925. Franz Kafka was one of the major German-language fiction writers of the 20th century. A middle-class Jew based in Prague, his unique body of writing - many incomplete and most published posthumously - has become amongst the most influential in Western literature.

Judge and Punish

Judge and Punish PDF Author: Geoffroy de Lagasnerie
Publisher: Stanford University Press
ISBN: 1503605795
Category : Philosophy
Languages : en
Pages : 215

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Book Description
What remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.

Reptile

Reptile PDF Author: David A. Ball
Publisher:
ISBN: 9780977442553
Category : Forensic psychology
Languages : en
Pages : 330

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Book Description


Social Research

Social Research PDF Author: Piergiorgio Corbetta
Publisher: SAGE
ISBN: 1446236706
Category : Social Science
Languages : en
Pages : 338

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Book Description
`This is an impressively detailed, clearly written book.... It is a book that I would like students to read′ - Clive Seale, Goldsmiths College, London Social Research: Theory, Methods and Techniques presents an understanding of social research practice through appreciation of its foundations and methods. Stretching from the philosophy of science to detailed descriptions of both qualitative and quantitative techniques, it illustrates not only `how′ to do social research, but also `why′ particular techniques are used today. The book is divided into three parts: Part One: Illustrates the two basic paradigms - quantitative and qualitative - of social research, describing their origins in philosophical thought and outlining their current interpretations. Part Two: Devoted to quantitative research, and discusses the relationship between theory and research practice. It also presents a discussion of key quantitative research techniques. Part Three: Examines qualitative research. Topics range from classical qualitative techniques such as participant observation, to more recent developments such as ethnomethodological studies. Overall, the author offers an engaging contribution to the field of social research and this book is a reminder of the solid foundations upon which most social research is conducted today. As a consequence it will be required reading for students throughout the social sciences, and at various levels.