The Habits of Legality

The Habits of Legality PDF Author: Francis A. Allen
Publisher: Oxford University Press
ISBN: 0195356497
Category : Social Science
Languages : en
Pages : 169

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Book Description
The Habits of Legality provides a broad survey of American criminal justice in a time of troubles. It asks the central questions: In what degree are the justice system's functions guided by ascertainable legal norms? How accountable are public officials who wield the rigorous sanctions of the penal law? Where the habits of legality are weak, how can they be invigorated? A number of factors combine to constrict the rule of law in the criminal process. A crime epidemic of alarming proportions places enormous burdens on the system and gives rise to a "war on crime" that often oversteps the limits of legality. The institutional structure of the United States is severely fragmented, rendering coherent penal policy difficult or impossible and often freeing public officials of accountability for their uses of public authority. Even the courts and legislatures, the primary law-making agencies of society, often operate to weaken rather than strengthen the rule of law. Francis A. Allen asserts the vital and continuing importance of the legality principle to democratic societies, discusses how the habits of legality in American criminal justice can be strengthened, and demonstrates that a closer adherence to the rule of law may not only protect the rights of persons more efficiently, but also contribute to more rational and effective penal policy. The Habits of Legality offers solutions on how to revitalize the rule of law. It will be of interest to scholars and students of criminology and law, as well as the general reader concerned with issues of criminal justice.

The Habits of Legality

The Habits of Legality PDF Author: Francis A. Allen
Publisher: Oxford University Press
ISBN: 0195356497
Category : Social Science
Languages : en
Pages : 169

Get Book Here

Book Description
The Habits of Legality provides a broad survey of American criminal justice in a time of troubles. It asks the central questions: In what degree are the justice system's functions guided by ascertainable legal norms? How accountable are public officials who wield the rigorous sanctions of the penal law? Where the habits of legality are weak, how can they be invigorated? A number of factors combine to constrict the rule of law in the criminal process. A crime epidemic of alarming proportions places enormous burdens on the system and gives rise to a "war on crime" that often oversteps the limits of legality. The institutional structure of the United States is severely fragmented, rendering coherent penal policy difficult or impossible and often freeing public officials of accountability for their uses of public authority. Even the courts and legislatures, the primary law-making agencies of society, often operate to weaken rather than strengthen the rule of law. Francis A. Allen asserts the vital and continuing importance of the legality principle to democratic societies, discusses how the habits of legality in American criminal justice can be strengthened, and demonstrates that a closer adherence to the rule of law may not only protect the rights of persons more efficiently, but also contribute to more rational and effective penal policy. The Habits of Legality offers solutions on how to revitalize the rule of law. It will be of interest to scholars and students of criminology and law, as well as the general reader concerned with issues of criminal justice.

The Habits of Legality

The Habits of Legality PDF Author: Francis Alfred Allen
Publisher:
ISBN: 9780197719275
Category : Criminal justice, Administration of
Languages : en
Pages : 0

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Book Description
This work provides a broad summary of American criminal justice in a time of great concern about solutions to the current crime epidemic. Allen suggests that the way to a more effective penal policy can be found by a closer adherence to the law rather than the current trend to bypass certain laws in the name of the "war on crime".

... The Laws of Habit

... The Laws of Habit PDF Author: William James
Publisher:
ISBN:
Category :
Languages : en
Pages : 26

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Book Description


The Laws of Habit and the Association of Ideas

The Laws of Habit and the Association of Ideas PDF Author: William James
Publisher: Createspace Independent Publishing Platform
ISBN: 9781546784678
Category :
Languages : en
Pages : 112

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Book Description
"Habit is thus the enormous fly-wheel of society, its most precious conservative agent. It alone is what keeps us all within the bounds of ordinance, and saves the children of fortune from the envious uprisings of the poor. It alone prevents the hardest and most repulsive walks of life from being deserted by those brought up to tread therein. It keeps the fisherman and the deck-hand at sea through the winter; it holds the miner in his darkness, and nails the countryman to his logcabin and his lonely farm through all the months of snow; it protects us from invasion by the natives of the desert and the frozen zone. It dooms us all to fight out the battle of life upon the lines of our nurture or our early choice, and to make the best of a pursuit that disagrees, because there is no other for which we are fitted, and it is too late to begin again. It keeps different social strata from mixing. Already at the age of twenty-five you see the professional mannerism settling down on the young commercial traveler, on the young doctor, on the young minister, on the young counselor-at-law. You see the little lines of cleavage running through the character, the tricks of thought, the prejudices, the ways of the "shop" in a word, from which the man can by-and-by no more escape than his coat-sleeve can suddenly fall into a new set of folds. On the whole, it is best he should not escape. It is well for the world that in most of us, by the age of thirty, the character has set like plaster, and will never soften again..."

Law, Drugs and the Making of Addiction

Law, Drugs and the Making of Addiction PDF Author: Kate Seear
Publisher: Routledge
ISBN: 9780367727147
Category :
Languages : en
Pages : 182

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Book Description
This book considers how largely accepted 'legal truths' about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and 'addiction', including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise 'addicted' realities, with a range of implications - many of them seemingly unjust - for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug 'addiction' emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding 'practices', the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies

... the Laws of Habit

... the Laws of Habit PDF Author: William James
Publisher: Andesite Press
ISBN: 9781296510282
Category : History
Languages : en
Pages : 20

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Habit of a Judge

The Habit of a Judge PDF Author: Daniel Yazdani
Publisher: Talbot Publishing
ISBN: 9781616195854
Category : Law
Languages : en
Pages : 322

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Book Description
Until The Habit of a Judge, there has never been a book that offers a comprehensive history of Judges' robes and court attire in England and Wales, and its adoption in Australian courts since colonisation. Richly illustrated with hundreds of colour images dating from the 12th century to the present, The Habit of a Judge invitingly portrays the fascinating world of judicial and legal dress. xvii, 303 pp. 322 illustrations. Talbot Publishing, an imprint of The Lawbook Exchange, Ltd.

Your Brain and Law School

Your Brain and Law School PDF Author: Marybeth Herald
Publisher:
ISBN: 9781611632262
Category : Cognitive learning
Languages : en
Pages : 0

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Book Description
Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards

On Some of the Medico-legal Relations of the Habit of Intemperance

On Some of the Medico-legal Relations of the Habit of Intemperance PDF Author: Sir Robert Christison
Publisher:
ISBN:
Category : Alcoholism
Languages : en
Pages : 68

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Book Description


The Oxford Handbook of Behavioral Economics and the Law

The Oxford Handbook of Behavioral Economics and the Law PDF Author: Eyal Zamir
Publisher: Oxford Handbooks
ISBN: 0199945470
Category : Business & Economics
Languages : en
Pages : 841

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Book Description
'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.