Author: Bryan A. Garner
Publisher: Oxford University Press, USA
ISBN: 0195384202
Category : Law
Languages : en
Pages : 1023
Book Description
A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.
Legal Blame
Author: Neal Feigenson
Publisher: Amer Psychological Assn
ISBN: 9781557988348
Category : Law
Languages : en
Pages : 301
Book Description
Annotation Legal Blame sheds new light on how jurors try to do justice in the wake of accidents and reveals much about the overall psychology of jury decision making. Neal Feigenson, a professor of law, offers an illuminating framework for how jurors use their common sense, together with the law and the facts, to produce what the author refers to as "total justice." This book will appeal to lawyers, expert witnesses, practicing students, and academics, as well as anyone who is interested in learning about the psychology of legal persuasion.
Publisher: Amer Psychological Assn
ISBN: 9781557988348
Category : Law
Languages : en
Pages : 301
Book Description
Annotation Legal Blame sheds new light on how jurors try to do justice in the wake of accidents and reveals much about the overall psychology of jury decision making. Neal Feigenson, a professor of law, offers an illuminating framework for how jurors use their common sense, together with the law and the facts, to produce what the author refers to as "total justice." This book will appeal to lawyers, expert witnesses, practicing students, and academics, as well as anyone who is interested in learning about the psychology of legal persuasion.
The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
ISBN: 0674989414
Category : Philosophy
Languages : en
Pages : 241
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Publisher: Harvard University Press
ISBN: 0674989414
Category : Philosophy
Languages : en
Pages : 241
Book Description
Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Shifting the Blame
Author: Nan Goodman
Publisher: Princeton University Press
ISBN: 9780691011998
Category : Humor
Languages : en
Pages : 220
Book Description
Drawing on legal cases, legal debates, and fiction including works by James Fenimore Cooper, Mark Twain, Stephen Crane, and Charles Chesnutt, Nan Goodman investigates changing notions of responsibility and agency in nineteenth-century America. By looking at accidents and accident law in the industrializing society, Goodman shows how courts moved away from the doctrine of strict liability to a new notion of liability that emphasized fault and negligence. Shifting the Blame reveals the pervasive impact of this radically new theory of responsibility in understandings of industrial hazards, in manufacturing dangers, and in the stories that were told and retold about accidents. In exciting tales of the actions of "good Samaritans" or of sea, steamboat, or railroad accidents, features of risk that might otherwise escape our attention--such as the suddenness of impact, the encounter between strangers, and the debates over blame and responsibility--were reconstructed in a manner that revealed both imagined and actual solutions to one of the most difficult philosophical and social conflicts in the nineteenth-century United States. Through literary and legal stories of accidents, Goodman suggests, we learn a great deal about what Americans thought about blame, injury, and individual responsibility in one of the most formative periods of our history.
Publisher: Princeton University Press
ISBN: 9780691011998
Category : Humor
Languages : en
Pages : 220
Book Description
Drawing on legal cases, legal debates, and fiction including works by James Fenimore Cooper, Mark Twain, Stephen Crane, and Charles Chesnutt, Nan Goodman investigates changing notions of responsibility and agency in nineteenth-century America. By looking at accidents and accident law in the industrializing society, Goodman shows how courts moved away from the doctrine of strict liability to a new notion of liability that emphasized fault and negligence. Shifting the Blame reveals the pervasive impact of this radically new theory of responsibility in understandings of industrial hazards, in manufacturing dangers, and in the stories that were told and retold about accidents. In exciting tales of the actions of "good Samaritans" or of sea, steamboat, or railroad accidents, features of risk that might otherwise escape our attention--such as the suddenness of impact, the encounter between strangers, and the debates over blame and responsibility--were reconstructed in a manner that revealed both imagined and actual solutions to one of the most difficult philosophical and social conflicts in the nineteenth-century United States. Through literary and legal stories of accidents, Goodman suggests, we learn a great deal about what Americans thought about blame, injury, and individual responsibility in one of the most formative periods of our history.
War Crimes
Author: Matthew Talbert
Publisher:
ISBN: 019067587X
Category : Philosophy
Languages : en
Pages : 185
Book Description
Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.
Publisher:
ISBN: 019067587X
Category : Philosophy
Languages : en
Pages : 185
Book Description
Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.
Policy Controversies and Political Blame Games
Author: Markus Hinterleitner
Publisher: Cambridge University Press
ISBN: 1108494862
Category : Political Science
Languages : en
Pages : 263
Book Description
Analyses and compares political blame games in Western democracies to show how democratic political systems manage policy controversies.
Publisher: Cambridge University Press
ISBN: 1108494862
Category : Political Science
Languages : en
Pages : 263
Book Description
Analyses and compares political blame games in Western democracies to show how democratic political systems manage policy controversies.
Garner's Dictionary of Legal Usage
Author: Bryan A. Garner
Publisher: Oxford University Press, USA
ISBN: 0195384202
Category : Law
Languages : en
Pages : 1023
Book Description
A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.
Publisher: Oxford University Press, USA
ISBN: 0195384202
Category : Law
Languages : en
Pages : 1023
Book Description
A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.
Emotion and the Law
Author: Brian H. Bornstein
Publisher: Springer Science & Business Media
ISBN: 1441906967
Category : Psychology
Languages : en
Pages : 221
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.
Publisher: Springer Science & Business Media
ISBN: 1441906967
Category : Psychology
Languages : en
Pages : 221
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.
Advances in Accounting Behavioral Research
Author: Khondkar E. Karim
Publisher: Emerald Group Publishing
ISBN: 1785609777
Category : Business & Economics
Languages : en
Pages : 165
Book Description
Advances in Accounting Behavioral Research addresses a wide range of issues that affect the users, preparers and assurers of accounting information. Volume 19 exemplifies this focus by including research from auditing, taxation and managerial and information systems.
Publisher: Emerald Group Publishing
ISBN: 1785609777
Category : Business & Economics
Languages : en
Pages : 165
Book Description
Advances in Accounting Behavioral Research addresses a wide range of issues that affect the users, preparers and assurers of accounting information. Volume 19 exemplifies this focus by including research from auditing, taxation and managerial and information systems.
Moral Appraisability
Author: Ishtiyaque Haji
Publisher: Oxford University Press
ISBN: 0195354168
Category : Philosophy
Languages : en
Pages : 285
Book Description
This book explores a central question of moral philosophy, addressing whether we are morally responsible for certain kinds of actions, intentional omissions, and the consequences deriving therefrom. Haji distinguishes between moral responsibility and a more restrictive category, moral appraisability. To say that a person is appraisable for an action is to say that he or she is deserving either of praise or blame for that action. One of Haji's principal aims is to uncover conditions sufficient for appraisability of actions. He begins with a number of puzzles that serve to structure and organize the issues, each one of which motivates a condition required for appraisability. The core of Haji's analysis involves his examination of three primary types of conditions. According to a control condition, a person must control the action in an appropriate way in order to be appraisable. An autonomy condition permits moral appraisability for an action only if it ultimately derives from a person's authentic evaluative scheme. On Haji's epistemic requirement, moral praiseworthiness or blameworthiness demands belief on the part of the agent in the rightness or wrongness of an action. Haji concludes this portion of his argument by incorporating these conditions into a general principle which outlines sufficient conditions for appraisability. Haji offers a fascinating discussion of the implications of his analysis. He demonstrates that his appraisability concept is applicable to a variety of non-moral kinds of appraisal, such as those involving legal, prudential and etiquette considerations. He looks at crosscultural attributions of blameworthiness and argues that such attributions are frequently mistaken. He considers the case of addicts and suggests that they may not be morally responsible for actions their addictions are said to cause. He even takes up the intriguing question of whether we can be blamed for the thoughts of our dream selves. Engaging with a central metaphysical question in his conclusion, Haji argues that the conditions of moral responsibility he defends are neither undermined by determinism nor threatened by certain varieties of incompatibilism. Addressing a range of little-discussed topics and forging crucial connections between moral theory and moral responsibility, Moral Appraisability is vital reading for students and scholars of moral philosophy, metaphysics, and the philosophy of law.
Publisher: Oxford University Press
ISBN: 0195354168
Category : Philosophy
Languages : en
Pages : 285
Book Description
This book explores a central question of moral philosophy, addressing whether we are morally responsible for certain kinds of actions, intentional omissions, and the consequences deriving therefrom. Haji distinguishes between moral responsibility and a more restrictive category, moral appraisability. To say that a person is appraisable for an action is to say that he or she is deserving either of praise or blame for that action. One of Haji's principal aims is to uncover conditions sufficient for appraisability of actions. He begins with a number of puzzles that serve to structure and organize the issues, each one of which motivates a condition required for appraisability. The core of Haji's analysis involves his examination of three primary types of conditions. According to a control condition, a person must control the action in an appropriate way in order to be appraisable. An autonomy condition permits moral appraisability for an action only if it ultimately derives from a person's authentic evaluative scheme. On Haji's epistemic requirement, moral praiseworthiness or blameworthiness demands belief on the part of the agent in the rightness or wrongness of an action. Haji concludes this portion of his argument by incorporating these conditions into a general principle which outlines sufficient conditions for appraisability. Haji offers a fascinating discussion of the implications of his analysis. He demonstrates that his appraisability concept is applicable to a variety of non-moral kinds of appraisal, such as those involving legal, prudential and etiquette considerations. He looks at crosscultural attributions of blameworthiness and argues that such attributions are frequently mistaken. He considers the case of addicts and suggests that they may not be morally responsible for actions their addictions are said to cause. He even takes up the intriguing question of whether we can be blamed for the thoughts of our dream selves. Engaging with a central metaphysical question in his conclusion, Haji argues that the conditions of moral responsibility he defends are neither undermined by determinism nor threatened by certain varieties of incompatibilism. Addressing a range of little-discussed topics and forging crucial connections between moral theory and moral responsibility, Moral Appraisability is vital reading for students and scholars of moral philosophy, metaphysics, and the philosophy of law.
Placing Blame
Author: Michael S. Moore
Publisher:
ISBN: 0199599491
Category : Criminal law
Languages : en
Pages : 873
Book Description
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.
Publisher:
ISBN: 0199599491
Category : Criminal law
Languages : en
Pages : 873
Book Description
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.