Sentiment, Reason, and Law

Sentiment, Reason, and Law PDF Author: Jeffrey T. Martin
Publisher: Cornell University Press
ISBN: 1501740067
Category : Social Science
Languages : en
Pages : 186

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Book Description
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.

Sentiment, Reason, and Law

Sentiment, Reason, and Law PDF Author: Jeffrey T. Martin
Publisher: Cornell University Press
ISBN: 1501740067
Category : Social Science
Languages : en
Pages : 186

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Book Description
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.

Reason and Sentiment

Reason and Sentiment PDF Author: Paul DuBois
Publisher:
ISBN: 9781332524082
Category : Literary Collections
Languages : en
Pages : 86

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Book Description
Excerpt from Reason and Sentiment: An Address Delivered in the Aula of the University of Berne, March 3, 1910 The whole life of man, like that of all animated beings, is - activity. In moments of repose, as well as when at work, we are always in action. Even sleep does not suspend this activity; the work of thought still goes on secretly; we dream and live our dreams, while without our knowledge they are betrayed by movements and words. From birth to death the human organism reacts under the influence of a multitude of stimuli, and works unceasingly. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Theory of Moral Sentiments

The Theory of Moral Sentiments PDF Author: Adam Smith (économiste)
Publisher:
ISBN:
Category :
Languages : en
Pages : 636

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Law and Sentiment in International Politics

Law and Sentiment in International Politics PDF Author: David Traven
Publisher: Cambridge University Press
ISBN: 1108957439
Category : Political Science
Languages : en
Pages : 327

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Book Description
Drawing on recent research in moral psychology and neuroscience, this book argues that universal moral beliefs and emotions shaped the evolution of the laws of war, and in particular laws that protect civilians. It argues that civilian protection norms are not just a figment of the modern West, but that these norms were embryonic in earlier societies and civilizations, including Ancient China, early Islam, and medieval Europe. However, despite their ubiquity, this book argues that civilian protection rules are inherently fragile, and that their fragility lies not just in failures of compliance, but also in how moral emotions shaped the design of the law. The same beliefs and emotions that lead people to judge that it is wrong to intentionally target civilians can paradoxically constitute the basis for excusing states for incidental civilian casualties, or collateral damage. To make the laws of war work better for civilians, this book argues that we need to change how we think about the ethics of killing in war.

Constitutional Sentiments

Constitutional Sentiments PDF Author: András Sajó
Publisher: Yale University Press
ISBN: 0300168616
Category : Law
Languages : en
Pages : 425

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Book Description
Constitutional Sentiments provides new insights into the foundations of law, the complexities of legal institutions, and the hidden genealogies of lawmaking. As the book makes clear, constitutions are human creations that embody all aspects of our humanity. It is an example of serious scholarship that will attract readers of all disciplines who have a keen interest in social and political life. --Book Jacket.

A Natural Law Approach to Normativity

A Natural Law Approach to Normativity PDF Author: Bebhinn Donnelly
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754643135
Category : Law
Languages : en
Pages : 188

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Book Description
Exploring the relationship between natural law theory and the philosophy of law, Bebhinn Donnelly proposes a new approach to natural law theory - one which addresses some of the tradition's shortcomings, and advances further the approach to Hume's dichotomy. This volume will be of interest to academics in philosophy of law, moral/political philosophy, natural law theorists, and students of jurisprudence internationally.

Handbook of Community Sentiment

Handbook of Community Sentiment PDF Author: Monica K. Miller
Publisher: Springer
ISBN: 1493918990
Category : Psychology
Languages : en
Pages : 291

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Book Description
​This volume is the most comprehensive reference book on community sentiment available. The classic book about community sentiment is Norm Finkel’s “Commonsense Justice: Jurors’ Notions of the Law” (1995). A similarly influential book called “Justice, Liability, and Blame” was published at the same time, examining lay sentiment about a variety of criminal issues and suggesting ways in which the substantive criminal law could be reformed in light of such lay responses (Robinson & Darley, 1995). Although these books were influential and important for their time (and since), this Handbook expands significantly on them, both by updating research since that time and broadens the scope of topic areas to ones that are not limited to trial and criminal justice issues. Each chapter is original/unpublished and focuses on an area related to children/families, many of which are “hot topic” areas in the news and courts today. For instance, the U.S. Supreme Court decided a case in June 2012 about the constitutionality of “life without parole” for juvenile offenders—a topic discussed in the Fass and Miora chapter. Thus, it is of interest to those interested in family law topics as well.​

Emotions, Values, and the Law

Emotions, Values, and the Law PDF Author: John Deigh
Publisher: Oxford University Press
ISBN: 019045427X
Category : Philosophy
Languages : en
Pages : 264

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Book Description
Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley

British International Thinkers from Hobbes to Namier

British International Thinkers from Hobbes to Namier PDF Author: I. Hall
Publisher: Springer
ISBN: 0230101739
Category : Political Science
Languages : en
Pages : 253

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Book Description
This book will be the first to examine the variety of British international thought, its continuities and innovations. The editors combine new essays on familiar thinkers such as Thomas Hobbes and John Locke with important but neglected writers and publicists such as Travers Twiss, James Bryce, and Lowes Dickinson.

Reason and Sentiment

Reason and Sentiment PDF Author: Paul Dubois
Publisher: Kessinger Publishing
ISBN: 9781437035148
Category : Law
Languages : en
Pages : 88

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Book Description
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.