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Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552316
Category : Law
Languages : en
Pages : 273
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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.
Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552316
Category : Law
Languages : en
Pages : 273
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.
Author: Norman J. Finkel
Publisher: Harvard University Press
ISBN: 9780674005563
Category : Law
Languages : en
Pages : 404
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Book Description
In this timely book, Norman Finkel looks at the relationship between the “law on the books,” as set down in the Constitution and developed in cases and decisions, and what he calls “commonsense justice”: the ordinary citizen’s notions of what is just and fair.
Author: Eugene Borgida
Publisher: John Wiley & Sons
ISBN: 9780470695692
Category : Psychology
Languages : en
Pages : 448
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Book Description
Beyond Common Sense addresses the many important and controversial issues that arise from the use of psychological and social science in the courtroom. Each chapter identifies areas of scientific agreement and disagreement, and discusses how psychological science advances our understanding of human behavior beyond common sense. Features original chapters written by some of the leading experts in the field of psychology and law including Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson, and Phoebe Ellsworth The 14 issues addressed include eyewitness identification, gender stereotypes, repressed memories, Affirmative Action and the death penalty Commentaries written by leading social science and law scholars discuss key legal and scientific themes that emerge from the science chapters and illustrate how psychological science is or can be used in the courts
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.
Author: Philip K. Howard
Publisher: W. W. Norton & Company
ISBN: 1324001771
Category : Political Science
Languages : en
Pages : 237
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Book Description
Award-winning author Philip K. Howard lays out the blueprint for a new American society. In this brief and powerful book, Philip K. Howard attacks the failed ideologies of both parties and proposes a radical simplification of government to re-empower Americans in their daily choices. Nothing will make sense until people are free to roll up their sleeves and make things work. The first steps are to abandon the philosophy of correctness and our devotion to mindless compliance. Americans are a practical people. They want government to be practical. Washington can’t do anything practically. Worse, its bureaucracy prevents Americans from doing what’s sensible. Conservative bluster won’t fix this problem. Liberal hand-wringing won’t work either. Frustrated voters reach for extremist leaders, but they too get bogged down in the bureaucracy that has accumulated over the past century. Howard shows how America can push the reset button and create simpler frameworks focused on public goals where officials—prepare for the shock—are actually accountable for getting the job done.
Author: Thomas Paine
Publisher:
ISBN:
Category :
Languages : en
Pages : 88
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Book Description
Author: Thomas Paine
Publisher: Penguin
ISBN: 1101219505
Category : Political Science
Languages : en
Pages : 417
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Book Description
A volume of Thomas Paine's most essential works, showcasing one of American history's most eloquent proponents of democracy. Upon publication, Thomas Paine’s modest pamphlet Common Sense shocked and spurred the foundling American colonies of 1776 to action. It demanded freedom from Britain—when even the most fervent patriots were only advocating tax reform. Paine’s daring prose paved the way for the Declaration of Independence and, consequently, the Revolutionary War. For “without the pen of Paine,” as John Adams said, “the sword of Washington would have been wielded in vain.” Later, his impassioned defense of the French Revolution, Rights of Man, caused a worldwide sensation. Napoleon, for one, claimed to have slept with a copy under his pillow, recommending that “a statue of gold should be erected to [Paine] in every city in the universe.” Here in one volume, these two complete works are joined with selections from Pain's other major essays, “The Crisis,” “The Age of Reason,” and “Agrarian Justice.” Includes a Foreword by Jack Fruchtman Jr. and an Introduction by Sidney Hook
Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 1487517009
Category : Law
Languages : en
Pages : 351
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Book Description
Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.
Author: John Grisham
Publisher: Vintage
ISBN: 0385338600
Category : Fiction
Languages : en
Pages : 546
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Book Description
#1 NEW YORK TIMES BESTSELLER • The master of the legal thriller probes the savage depths of racial violence in this searing courtroom drama featuring the beloved Jake Brigance. “John Grisham may well be the best American storyteller writing today.”—The Philadelphia Inquirer The life of a ten-year-old black girl is shattered by two drunken and remorseless white men. The mostly white town of Clanton in Ford County, Mississippi, reacts with shock and horror at the inhuman crime—until the girl’s father acquires an assault rifle and takes justice into his own hands. For ten days, as burning crosses and the crack of sniper fire spread through the streets of Clanton, the nation sits spellbound as defense attorney Jake Brigance struggles to save his client’s life—and then his own. Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM!
Author: Rik Peels
Publisher: Cambridge University Press
ISBN: 1108476007
Category : Philosophy
Languages : en
Pages : 389
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Book Description
A comprehensive exploration of the historical development and philosophical importance of common-sense philosophy.
