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Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 9780674022102
Category : Law
Languages : en
Pages : 356
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Book Description
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 9780674022102
Category : Law
Languages : en
Pages : 356
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Book Description
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Author: Daniel Kahneman
Publisher: Cambridge University Press
ISBN: 9780521284141
Category : Psychology
Languages : en
Pages : 574
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Book Description
Thirty-five chapters describe various judgmental heuristics and the biases they produce, not only in laboratory experiments, but in important social, medical, and political situations as well. Most review multiple studies or entire subareas rather than describing single experimental studies.
Author: Andrés Rigo Sureda
Publisher: Cambridge University Press
ISBN: 1107022517
Category : Law
Languages : en
Pages : 167
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Book Description
How do arbitrators decide in the face of the uncertainty of the law between alternatives which may be equally justified?
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
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Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: Dirk Wendt
Publisher: Springer Science & Business Media
ISBN: 9789027706034
Category : Social Science
Languages : en
Pages : 434
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Book Description
Human decision making involves problems which are being studied with increasing interest and sophistication. They range from controversial political decisions via individual consumer decisions to such simple tasks as signal discriminations. Although it would seem that decisions have to do with choices among available actions of any kind, there is general agreement that decision making research should pertain to choice prob lems which cannot be solved without a predecisional stage of finding choice alternatives, weighing evidence, and judging values. The ultimate objective of scientific research on decision making is two-fold: (a) to develop a theoretically sound technology for the optimal solution of decision problems, and (b) to formulate a descriptive theory of human decision making. The latter may, in tum, protect decision makers from being caught in the traps of their own limitations and biases. Recently, in decision making research the strong emphasis on well defined laboratory tasks is decreasing in favour of more realistic studies in various practical settings. This may well have been caused by a growing awareness of the fact that decision-behaviour is strongly determined by situational factors, which makes it necessary to look into processes of interaction between the decision maker and the relevant task environ ment. Almost inevitably there is a parallel shift of interest towards problems of utility measurement and the evaluation of consequences.
Author: Jeffrey Brand-Ballard
Publisher: Oxford University Press
ISBN: 0199711798
Category : Philosophy
Languages : en
Pages : 367
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Book Description
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Author: Karin Riley
Publisher: John Wiley & Sons
ISBN: 1119027861
Category : Science
Languages : en
Pages : 356
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Book Description
Uncertainties are pervasive in natural hazards, and it is crucial to develop robust and meaningful approaches to characterize and communicate uncertainties to inform modeling efforts. In this monograph we provide a broad, cross-disciplinary overview of issues relating to uncertainties faced in natural hazard and risk assessment. We introduce some basic tenets of uncertainty analysis, discuss issues related to communication and decision support, and offer numerous examples of analyses and modeling approaches that vary by context and scope. Contributors include scientists from across the full breath of the natural hazard scientific community, from those in real-time analysis of natural hazards to those in the research community from academia and government. Key themes and highlights include: Substantial breadth and depth of analysis in terms of the types of natural hazards addressed, the disciplinary perspectives represented, and the number of studies included Targeted, application-centered analyses with a focus on development and use of modeling techniques to address various sources of uncertainty Emphasis on the impacts of climate change on natural hazard processes and outcomes Recommendations for cross-disciplinary and science transfer across natural hazard sciences This volume will be an excellent resource for those interested in the current work on uncertainty classification/quantification and will document common and emergent research themes to allow all to learn from each other and build a more connected but still diverse and ever growing community of scientists. Read an interview with the editors to find out more: https://eos.org/editors-vox/reducing-uncertainty-in-hazard-prediction
Author: Robert A. Burt
Publisher: Harvard University Press
ISBN: 9780674165366
Category : Law
Languages : en
Pages : 492
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Book Description
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author: Jeff King
Publisher: Cambridge University Press
ISBN: 1107008026
Category : Law
Languages : en
Pages : 399
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Book Description
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Author: Esmé Shirlow
Publisher: Cambridge University Press
ISBN: 1108490972
Category : Law
Languages : en
Pages : 381
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Book Description
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
