Common Sense and Legal Judgment

Common Sense and Legal Judgment PDF Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552324
Category : Law
Languages : en
Pages :

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Book Description
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.

Common Sense and Legal Judgment

Common Sense and Legal Judgment PDF Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552324
Category : Law
Languages : en
Pages :

Get Book Here

Book Description
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.

Common Sense and Common Law for the Environment

Common Sense and Common Law for the Environment PDF Author: Bruce Yandle
Publisher: Rowman & Littlefield Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 216

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Book Description
Nuf-nuf! Educational AND fun for hours and hours! For kids ages 9 to 109. Large print. Word games, picture puzzles, logic puzzles, riddles, mazes, and more. 250 pages packed with intriguing and challenging puzzles! Journey through The World of Magic, Ancient Worlds, Future Worlds, the World Around You, the World of Words, the World of Logic, the World of Strange Things, and the World of Wise Things. New friends are there to help you on your way. Meet the gnome Walton Dalton, Drago the dragon, Princess Leela, Elvish the Elf, and the Tricky Troll brothers. Watch out for the Wizard of Words... he sneaked in dozens of Wizard Words for you to solve. Attend a holiday party, two password parties, and try some tricky brain teasers on for size. Make a paper airplane that can fly, a cup that can hold water, and fold an epic origami crane to amaze your friends and family. Put on your detective hat and solve mysteries: The Case of the Mi$$ing Money, Devious Dognappers, Burglary in the Millionaire's Mansion, and more. Wind your way through a maze of pyramids, a forest, an ancient castle, and outer space! Most of all... have lots of fun while learning new things. Nuf-Nuf!

The Death of Common Sense

The Death of Common Sense PDF Author: Philip K. Howard
Publisher: Random House Trade Paperbacks
ISBN: 0812982746
Category : Law
Languages : en
Pages : 258

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Book Description
NEW YORK TIMES BESTSELLER “We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.

Common Sense versus Common Law

Common Sense versus Common Law PDF Author: William MASSEY (Barrister at Law.)
Publisher:
ISBN:
Category :
Languages : en
Pages : 180

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Book Description


Law and Consent

Law and Consent PDF Author: Karla O'Regan
Publisher: Routledge
ISBN: 9780367785635
Category : Consent (Law)
Languages : en
Pages : 224

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Book Description
Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy - but has it? Beginning with an overview of consent's role in law today, this book investigates the doctrine's inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law's contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.

Toward a New Legal Common Sense

Toward a New Legal Common Sense PDF Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 1107157846
Category : Law
Languages : en
Pages : 699

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Book Description
In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.

Trusting God

Trusting God PDF Author: Sharon Jaynes
Publisher: Multnomah
ISBN: 1601423942
Category : Religion
Languages : en
Pages : 290

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Book Description
You don’t have to understand God to trust him. “Just trust me.” Those are the words we often hear in movies just before something bad happens. And yet, we are told to trust God. In a culture where we tend to take control of our own lives, trusting God has become a religious platitude rather than a life-changing attitude. We say it, but do we really mean it? And what does trusting God really look like? Sharon, Mary, and Gwen—the Girlfriends in God ministry team—have been there. They’ve traveled the tough roads of life to discover the peace and power that comes from grabbing the hand of God and trusting his plan. The life stories they share bring laughter and sometimes tears, but always spiritual growth. Each of the 12-week sections concludes with a Bible study guide and journal page, inviting you to lock arms with Sharon, Mary, and Gwen and share with other women in a small group setting or to use individually in your own quiet time.

Common Sense and Legal Judgment

Common Sense and Legal Judgment PDF Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552316
Category : Law
Languages : en
Pages :

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Book Description
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.

Smith, Currie & Hancock's Common Sense Construction Law

Smith, Currie & Hancock's Common Sense Construction Law PDF Author: John M. Mastin
Publisher: John Wiley & Sons
ISBN: 1119540178
Category : Technology & Engineering
Languages : en
Pages : 773

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Book Description
The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

The Problem of Political Authority

The Problem of Political Authority PDF Author: Michael Huemer
Publisher: Springer
ISBN: 1137281669
Category : Philosophy
Languages : en
Pages : 391

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Book Description
The state is often ascribed a special sort of authority, one that obliges citizens to obey its commands and entitles the state to enforce those commands through threats of violence. This book argues that this notion is a moral illusion: no one has ever possessed that sort of authority.