Common Sense And Legal Judgment

Author : Patricia Cochran
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 54,6 Mb
Release : 2017-11-27
Category : Law
ISBN : 9780773552319

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Common Sense and Legal Judgment by Patricia Cochran Pdf

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
Page : 128 pages
File Size : 49,7 Mb
Release : 2017-11-27
Category : Law
ISBN : 9780773552326

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Common Sense and Legal Judgment by Patricia Cochran Pdf

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 : Philip K. Howard
Publisher : Random House
Page : 258 pages
File Size : 55,7 Mb
Release : 2011-05-03
Category : Law
ISBN : 9780679644101

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The Death of Common Sense by Philip K. Howard Pdf

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 : Sir Paul Vinogradoff
Publisher : Unknown
Page : 192 pages
File Size : 51,7 Mb
Release : 1961
Category : Jurisprudence
ISBN : OCLC:468122419

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Common Sense in Law by Sir Paul Vinogradoff Pdf

Author : Norman J. FINKEL,Norman J Finkel
Publisher : Harvard University Press
Page : 401 pages
File Size : 49,9 Mb
Release : 2009-06-30
Category : Law
ISBN : 9780674036871

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Commonsense Justice by Norman J. FINKEL,Norman J Finkel Pdf

Norman J. Finkel explores 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 : Robert J. Sharpe
Publisher : University of Toronto Press
Page : 351 pages
File Size : 42,8 Mb
Release : 2018-10-11
Category : Law
ISBN : 9781487517007

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Good Judgment by Robert J. Sharpe Pdf

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 : Paul Vinogradoff
Publisher : Unknown
Page : 256 pages
File Size : 46,5 Mb
Release : 2006
Category : Law
ISBN : OCLC:81275962

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Common-sense in Law by Paul Vinogradoff Pdf

Author : Eugene Borgida,Susan T. Fiske
Publisher : John Wiley & Sons
Page : 448 pages
File Size : 54,5 Mb
Release : 2008-04-30
Category : Psychology
ISBN : 0470695692

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Beyond Common Sense by Eugene Borgida,Susan T. Fiske Pdf

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 : Paul Vinogradoff
Publisher : Forgotten Books
Page : 270 pages
File Size : 48,8 Mb
Release : 2017-10-24
Category : Law
ISBN : 0266676723

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Common-Sense in Law (Classic Reprint) by Paul Vinogradoff Pdf

Excerpt from Common-Sense in Law In view of these obvious considerations, I should like to explain as briefly and simply as possible the main principles which underlie legal arrangements. Although the details of legal rules are complicated and technical, the Operations of the mind in the domain of law are based on common sense, and may be followed without difficulty by persons of ordinary intelligence and education. Juris prudence may be likened in this respect to political economy, which also is developed from simple general principles and yet re quires a great deal of special knowledge when it comes to particulars. 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.

Author : Sir Pavel Gavrilovich Vinogradov
Publisher : Unknown
Page : 0 pages
File Size : 50,6 Mb
Release : 1914
Category : Electronic
ISBN : OCLC:831386454

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Common-sense in Law by Sir Pavel Gavrilovich Vinogradov Pdf

Author : Philip K. Howard
Publisher : W. W. Norton & Company
Page : 160 pages
File Size : 52,7 Mb
Release : 2019-01-29
Category : Political Science
ISBN : 9781324001775

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Try Common Sense: Replacing the Failed Ideologies of Right and Left by Philip K. Howard Pdf

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 : William Massey
Publisher : Forgotten Books
Page : 176 pages
File Size : 51,5 Mb
Release : 2018-05-04
Category : Law
ISBN : 0484201379

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Common Sense Versus Common Law (Classic Reprint) by William Massey Pdf

Excerpt from Common Sense Versus Common Law The wise man is the same in all ages; therefore I am warranted in attributing such sentiments to the lawgiver of antiquity when I find the modern sage enunciating similar sentiments. If Lynd hurst* sets his face against law for the million, why not Lycurgus? 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.

Author : William Nathaniel Massey
Publisher : Legare Street Press
Page : 0 pages
File Size : 50,9 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1019892668

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Common Sense Versus Common Law by William Nathaniel Massey Pdf

In this landmark work of legal scholarship, William Nathaniel Massey argues that the American legal system is failing to uphold the principles of justice and fairness that ought to be at its core. Drawing on a wide range of historical and legal sources, Massey offers a compelling critique of the flaws and limitations of the common law tradition. 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 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. 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.

Author : William Massey
Publisher : Forgotten Books
Page : 176 pages
File Size : 44,5 Mb
Release : 2015-06-25
Category : Law
ISBN : 1330391713

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Common Sense Versus Common Law by William Massey Pdf

Excerpt from Common Sense Versus Common Law If Lycurgus could be summoned from the shades to give evidence before a new Common Law Commission, it is not improbable that the illustrious legislator would give a decided opinion against a rash and short-sighted reform of a system, which operates to banish litigation from the courts. "Infatuated men," lie might be supposed to say, "would you destroy a system which has just now reached maturity - a system devised by the wisdom and forecast of your ancestors to counteract the evil tendencies of a corrupt and complicated state of society? Are civil dissension and litigation things to be fostered? If so, simplify your law ; make it intelligible, accessible to the people. 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.

Author : Sheila Jasanoff
Publisher : Routledge
Page : 306 pages
File Size : 41,5 Mb
Release : 2012-07-26
Category : Business & Economics
ISBN : 9781136288401

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Science and Public Reason by Sheila Jasanoff Pdf

This collection of essays by Sheila Jasanoff explores how democratic governments construct public reason, that is, the forms of evidence and argument used in making state decisions accountable to citizens. The term public reason as used here is not simply a matter of deploying principled arguments that respect the norms of democratic deliberation. Jasanoff investigates what states do in practice when they claim to be reasoning in the public interest. Reason, from this perspective, comprises the institutional practices, discourses, techniques and instruments through which governments claim legitimacy in an era of potentially unbounded risks—physical, political, and moral. Those legitimating efforts, in turn, depend on citizens’ acceptance of the forms of reasoning that governments offer. Included here therefore is an inquiry into the conditions that lead citizens of democratic societies to accept policy justification as being reasonable. These modes of public knowing, or “civic epistemologies,” are integral to the constitution of contemporary political cultures. Methodologically, the book is grounded in the field of Science and Technology Studies (STS). It uses in-depth qualitative studies of legal and political practices to shed light on divergent cross-cultural constructions of public reason and the reasoning political subject. The collection as a whole contributes to democratic theory, legal studies, comparative politics, geography, and ethnographies of modernity, as well as STS.