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Author: Frank Fleerackers
Publisher: Duncker & Humblot
ISBN: 9783428490493
Category : Law
Languages : en
Pages : 216
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Book Description
Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Author: Frank Fleerackers
Publisher: Duncker & Humblot
ISBN: 9783428490493
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Author: Sharyn Roach Anleu
Publisher: Routledge
ISBN: 1351718150
Category : Law
Languages : en
Pages : 180
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Book Description
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Author: Veda Charrow
Publisher: Aspen Publishers
ISBN: 9780316137812
Category : Legal composition
Languages : en
Pages : 384
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Book Description
With examples drawn from legal writing & student papers, this guide walks students through the writing process & helps them refine their skills in exercises throughout the book. The Second Edition features a reorganized Part I, including three new chapters that help students gain proficiency in reading & analyzing legal materials so they can write more effectively. Part II includes a systematic approach to legal writing; understanding your context; getting organized; writing clearly; writing effectively; & reviewing & editing. Part III covers the process of writing a legal memorandum & an appellate court brief. This Second Edition includes two examples of memoranda, an interoffice memo & a memo of points & authority; a streamlined appendix that provides an overview of English sentence structure; & many enhanced writing exercises.
Author: Susan A. Bandes
Publisher: Edward Elgar Publishing
ISBN: 1788119088
Category : Law
Languages : en
Pages : 640
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Book Description
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author: Paul Maharg
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409410263
Category : Law
Languages : en
Pages : 352
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Book Description
This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learning. Interdisciplinary and wide-ranging in its reference, it breaks new ground in its analysis of the educational lifeworld of situations, communities, actors and interactions in legal education.
Author: Brian H. Bornstein
Publisher: Springer Science & Business Media
ISBN: 1441906967
Category : Psychology
Languages : en
Pages : 221
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Book Description
From questions surrounding motives to the concept of crimes of passion, the intersection of emotional states and legal practice has long interested professionals as well as the public—recent cases involving extensive pretrial publicity, highly charged evidence, and instances of jury nullification continue to make the subject particularly timely. With these trends in mind, Emotion and the Law brings a rich tradition in social psychology into sharp forensic focus in a unique interdisciplinary volume. Emotion, mood and affective states, plus patterns of conduct that tend to arise from them in legal contexts, are analyzed in theoretical and practical terms, using real-life examples from criminal and civil cases. From these complex situations, contributors provide answers to bedrock questions—what roles affect plays in legal decision making, when these roles are appropriate, and what can be done so that emotion is not misused or exploited in legal procedures—and offer complementary legal and social/cognitive perspectives on these and other salient issues: Positive versus negative affect in legal decision making, emotion, eyewitness memory, and false memory, the influence of emotions on juror decisions, and legal approaches to its control, a terror management theory approach to the understanding of hate crimes, policy recommendations for managing affect in legal proceedings, additional legal areas that can benefit from the study of emotion. Emotion and the Law clarifies theoretical grey areas, revisits current practice, and suggests possibilities for both new scholarship and procedural guidelines, making it a valuable reference for psycho legal researchers, forensic psychologists, and policymakers.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Association for International Arbitration
Publisher: Maklu
ISBN: 9046604993
Category : Law
Languages : en
Pages : 234
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Book Description
The importance of the free movement of persons and the proper functioning of the internal market, in particular concerning the availability of mediation services in cross-border disputes, was an important point on the agenda of the European Directive 2008/52/EC of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The European Mediation Training for Practitioners of Justice (EMTPJ) is an initiative of the Association for International Arbitration (AIA) and supported by the European Commission. It is an intensive mediation training that purports to create mediators specialized in cross border mediation. This handbook is specially developed for "European Mediators" dealing with cross-border mediations in civil and commercial matters.
Author: Damian Clifford
Publisher: Oxford University Press
ISBN: 0192660810
Category : Law
Languages : en
Pages : 257
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Book Description
Data protection law is often positioned as a regulatory solution to the risks posed by computational systems. Despite the widespread adoption of data protection laws, however, there are those who remain sceptical as to their capacity to engender change. Much of this criticism focuses on our role as 'data subjects'. It has been demonstrated repeatedly that we lack the capacity to act in our own best interests and, what is more, that our decisions have negative impacts on others. Our decision-making limitations seem to be the inevitable by-product of the technological, social, and economic reality. Data protection law bakes in these limitations by providing frameworks for notions such as consent and subjective control-rights and by relying on those who process our data to do so fairly. Despite these valid concerns, Data Protection Law and Emotion argues that the (in)effectiveness of these laws are often more difficult to discern than the critical literature would suggest, while also emphasising the importance of the conceptual value of subjective control. These points are explored (and indeed, exposed) by investigating data protection law through the lens of the insights provided by law and emotion scholarship and demonstrating the role emotions play in our decision-making. The book uses the development of Emotional Artificial Intelligence, a particularly controversial technology, as a case study to analyse these issues. Original and insightful, Data Protection Law and Emotion offers a unique contribution to a contentious debate that will appeal to students and academics in data protection and privacy, policymakers, practitioners, and regulators.
Author: Frank Fleerackers
Publisher: Springer Nature
ISBN: 3031268555
Category : Law
Languages : en
Pages : 212
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Book Description
Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
