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Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
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Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
Get Book Here
Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191616281
Category : Political Science
Languages : en
Pages : 828
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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Keith Bybee
Publisher: Stanford Law Books
ISBN:
Category : Law
Languages : en
Pages : 194
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Book Description
Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.
Author: Carol L. Graham
Publisher: Rowman & Littlefield
ISBN: 0815703953
Category : Business & Economics
Languages : en
Pages : 274
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Book Description
The "quality of life" concept of quality of life is a broad one. It incorporates basic needs but also extends beyond them to include capabilities, the "livability" of the environment, and life appreciation and happiness. Latin America's diversity in culture and levels of development provide a laboratory for studying how quality of life varies with a number of objective and subjective measures. These measures range from income levels to job insecurity and satisfaction, to schooling attainment and satisfaction, to measured and self-assessed health, among others. Paradox and Perception greatly improves our understanding of the determinants of well-being in Latin America based on a broad "quality of life" concept that challenges some standard assumptions in economics, including those about the relationship between happiness and income. The authors' analysis builds upon a number of new approaches in economics, particularly those related to the study of happiness and finds a number of paradoxes as the region's respondents evaluate their well-being. These include the paradox of unhappy growth at the macroeconomic level, happy peasants and frustrated achievers at the microlevel, and surprisingly high levels of satisfaction with public services among the region's poorest. They also have important substantive links with several of the region's realities, such as high levels of income inequality, volatile macroeconomic performance, and low expectations of public institutions and faith in the capacity of the state to deliver. Identifying these perceptions, paradoxes, and their causes will contribute to the crafting of better public policies, as well as to our understanding of why "populist" politics still pervade in much of the region.
Author: David E. Klein
Publisher: Oxford University Press
ISBN: 0199710139
Category : Psychology
Languages : en
Pages : 355
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Book Description
Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result. This volume of essays examines the psychological processes that underlie judicial decision making.
Author: Conor Gearty
Publisher: John Wiley & Sons
ISBN: 0745669980
Category : Political Science
Languages : en
Pages : 108
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Book Description
All aspire to liberty and security in their lives but few people truly enjoy them. This book explains why this is so. In what Conor Gearty calls our 'neo-democratic' world, the proclamation of universal liberty and security is mocked by facts on the ground: the vast inequalities in supposedly free societies, the authoritarian regimes with regular elections, and the terrible socio-economic deprivation camouflaged by cynically proclaimed commitments to human rights. Gearty's book offers an explanation of how this has come about, providing also a criticism of the present age which tolerates it. He then goes on to set out a manifesto for a better future, a place where liberty and security can be rich platforms for everyone's life. The book identifies neo-democracies as those places which play at democracy so as to disguise the injustice at their core. But it is not just the new 'democracies' that have turned 'neo', the so-called established democracies are also hurtling in the same direction, as is the United Nations. A new vision of universal freedom is urgently required. Drawing on scholarship in law, human rights and political science this book argues for just such a vision, one in which the great achievements of our democratic past are not jettisoned as easily as were the socialist ideals of the original democracy-makers.
Author: Daniel S. Margolies
Publisher: Routledge
ISBN: 1351231979
Category : Law
Languages : en
Pages : 357
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Book Description
Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.
Author: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0
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Book Description
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Author: Susanna Siegel
Publisher: Oxford University Press
ISBN: 0198797087
Category : Philosophy
Languages : en
Pages : 248
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Book Description
One of the most important divisions in the human mind is between perception and reasoning. We reason from information that we take ourselves to have already, but perception is a means of taking in new information. Reasoning can be better or worse, but perception is considered beyond reproach. The Rationality of Perception argues that these two aspects of the mind become deeply intertwined when beliefs, fears, desires, or prejudice influence what weperceive. When the influences reach all the way to perceptual appearances, we face a philosophical problem: is it reasonable to strengthen what one believes or fears or suspects on the basis of an experience that wasgenerated by those very same beliefs, fears, or suspicions? Drawing on examples involving racism, emotion, and scientific theories, Siegel argues that perception itself can be rational or irrational, and makes vivid the relationship between perception and culture.
