The Origins Of Reasonable Doubt

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The Origins of Reasonable Doubt

Author : James Q. Whitman,Otto Kurz
Publisher : Unknown
Page : 276 pages
File Size : 49,9 Mb
Release : 2008
Category : Burden of proof
ISBN : 0300150105

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The Origins of Reasonable Doubt by James Q. Whitman,Otto Kurz Pdf

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

The Origins of Reasonable Doubt

Author : James Q. Whitman
Publisher : Yale University Press
Page : 286 pages
File Size : 44,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9780300116007

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The Origins of Reasonable Doubt by James Q. Whitman Pdf

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Reasonable Doubts

Author : Alan M. Dershowitz
Publisher : Simon and Schuster
Page : 276 pages
File Size : 40,9 Mb
Release : 1997-02-19
Category : Law
ISBN : 9780684832647

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Reasonable Doubts by Alan M. Dershowitz Pdf

One of America's leading appeal lawyers, Alan Dershowitz was the man chosen to prepare the appeal should O.J. Simpson have been convicted. Now Professor Dershowitz uses this case to examine the larger issues and to identify the social forces - media, money, gender, and race - that shape the criminal-justice system in America today. How could one of the longest trials in the history of America's judicial system produce a verdict after only hours of jury deliberation? Was this really a case of circumstantial evidence?

Unreasonable Doubt

Author : Norma Thompson
Publisher : Paul Dry Books
Page : 247 pages
File Size : 46,6 Mb
Release : 2011
Category : Law
ISBN : 9781589880726

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Unreasonable Doubt by Norma Thompson Pdf

"Part detective story, part social commentary, part intellectual autobiography, part philosophical analysis, this is a jury book unlike any other."—Anthony Kronman, Sterling Professor of Law and former Dean, Yale Law School "[Norma Thompson] teaches us, brilliantly and painlessly, why judging, as opposed to simply knowing, is an essential part of a responsible human existence, recounting the trials and crimes and moral dilemmas of antiquity and classical tradition in a stunningly original reading."—Abraham D. Sofaer, Senior Fellow, Hoover Institution, and former United States District Judge In 2001, Norma Thompson served on the jury in a murder trial in New Haven, Connecticut. In Unreasonable Doubt, Thompson dramatically depicts the jury's deliberations, which ended in a deadlock. As foreperson, she pondered the behavior of some of her fellow jurors that led to the trial's termination in a hung jury. Blending personal memoir, social analysis, and literary criticism, she addresses the evasion of judgment she witnessed during deliberations and relates that evasion to contemporary political, social, and legal affairs. She then assembles an imaginary jury of Tocqueville, Plato, and Jane Austen, among others, to show how the writings of these authors can help model responsible habits of deliberation.

Beyond Reasonable Doubt and Probable Cause

Author : Barbara J. Shapiro
Publisher : Univ of California Press
Page : 384 pages
File Size : 44,5 Mb
Release : 2022-05-13
Category : History
ISBN : 9780520308923

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Beyond Reasonable Doubt and Probable Cause by Barbara J. Shapiro Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

Merchants of Doubt

Author : Naomi Oreskes,Erik M. Conway
Publisher : A&C Black
Page : 368 pages
File Size : 52,6 Mb
Release : 2011-10-03
Category : Technology & Engineering
ISBN : 9781408828779

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Merchants of Doubt by Naomi Oreskes,Erik M. Conway Pdf

The U.S. scientific community has long led the world in research on such areas as public health, environmental science, and issues affecting quality of life. These scientists have produced landmark studies on the dangers of DDT, tobacco smoke, acid rain, and global warming. But at the same time, a small yet potent subset of this community leads the world in vehement denial of these dangers. Merchants of Doubt tells the story of how a loose-knit group of high-level scientists and scientific advisers, with deep connections in politics and industry, ran effective campaigns to mislead the public and deny well-established scientific knowledge over four decades. Remarkably, the same individuals surface repeatedly-some of the same figures who have claimed that the science of global warming is "not settled" denied the truth of studies linking smoking to lung cancer, coal smoke to acid rain, and CFCs to the ozone hole. "Doubt is our product," wrote one tobacco executive. These "experts" supplied it. Naomi Oreskes and Erik M. Conway, historians of science, roll back the rug on this dark corner of the American scientific community, showing how ideology and corporate interests, aided by a too-compliant media, have skewed public understanding of some of the most pressing issues of our era.

Darwin's Doubt

Author : Stephen C. Meyer
Publisher : Harper Collins
Page : 560 pages
File Size : 49,5 Mb
Release : 2013-06-18
Category : Science
ISBN : 9780062071491

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Darwin's Doubt by Stephen C. Meyer Pdf

When Charles Darwin finished The Origin of Species, he thought that he had explained every clue, but one. Though his theory could explain many facts, Darwin knew that there was a significant event in the history of life that his theory did not explain. During this event, the “Cambrian explosion,” many animals suddenly appeared in the fossil record without apparent ancestors in earlier layers of rock. In Darwin’s Doubt, Stephen C. Meyer tells the story of the mystery surrounding this explosion of animal life—a mystery that has intensified, not only because the expected ancestors of these animals have not been found, but because scientists have learned more about what it takes to construct an animal. During the last half century, biologists have come to appreciate the central importance of biological information—stored in DNA and elsewhere in cells—to building animal forms. Expanding on the compelling case he presented in his last book, Signature in the Cell, Meyer argues that the origin of this information, as well as other mysterious features of the Cambrian event, are best explained by intelligent design, rather than purely undirected evolutionary processes.

A Concise History of the Common Law

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 51,5 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371

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A Concise History of the Common Law by Theodore Frank Thomas Plucknett Pdf

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Inventing American Exceptionalism

Author : Amalia D. Kessler
Publisher : Yale University Press
Page : 462 pages
File Size : 47,6 Mb
Release : 2017-01-01
Category : Adversary system
ISBN : 9780300198072

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Inventing American Exceptionalism by Amalia D. Kessler Pdf

Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z

The Origin of Consciousness in the Breakdown of the Bicameral Mind

Author : Julian Jaynes
Publisher : Houghton Mifflin Harcourt
Page : 580 pages
File Size : 47,7 Mb
Release : 2000-08-15
Category : Psychology
ISBN : 9780547527543

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The Origin of Consciousness in the Breakdown of the Bicameral Mind by Julian Jaynes Pdf

National Book Award Finalist: “This man’s ideas may be the most influential, not to say controversial, of the second half of the twentieth century.”—Columbus Dispatch At the heart of this classic, seminal book is Julian Jaynes's still-controversial thesis that human consciousness did not begin far back in animal evolution but instead is a learned process that came about only three thousand years ago and is still developing. The implications of this revolutionary scientific paradigm extend into virtually every aspect of our psychology, our history and culture, our religion—and indeed our future. “Don’t be put off by the academic title of Julian Jaynes’s The Origin of Consciousness in the Breakdown of the Bicameral Mind. Its prose is always lucid and often lyrical…he unfolds his case with the utmost intellectual rigor.”—The New York Times “When Julian Jaynes . . . speculates that until late in the twentieth millennium BC men had no consciousness but were automatically obeying the voices of the gods, we are astounded but compelled to follow this remarkable thesis.”—John Updike, The New Yorker “He is as startling as Freud was in The Interpretation of Dreams, and Jaynes is equally as adept at forcing a new view of known human behavior.”—American Journal of Psychiatry

The Big Picture

Author : Sean Carroll
Publisher : Penguin
Page : 480 pages
File Size : 44,5 Mb
Release : 2016-05-10
Category : Science
ISBN : 9780698409767

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The Big Picture by Sean Carroll Pdf

The instant New York Times bestseller about humanity's place in the universe—and how we understand it. “Vivid...impressive....Splendidly informative.”—The New York Times “Succeeds spectacularly.”—Science “A tour de force.”—Salon Already internationally acclaimed for his elegant, lucid writing on the most challenging notions in modern physics, Sean Carroll is emerging as one of the greatest humanist thinkers of his generation as he brings his extraordinary intellect to bear not only on Higgs bosons and extra dimensions but now also on our deepest personal questions: Where are we? Who are we? Are our emotions, our beliefs, and our hopes and dreams ultimately meaningless out there in the void? Do human purpose and meaning fit into a scientific worldview? In short chapters filled with intriguing historical anecdotes, personal asides, and rigorous exposition, readers learn the difference between how the world works at the quantum level, the cosmic level, and the human level—and then how each connects to the other. Carroll's presentation of the principles that have guided the scientific revolution from Darwin and Einstein to the origins of life, consciousness, and the universe is dazzlingly unique. Carroll shows how an avalanche of discoveries in the past few hundred years has changed our world and what really matters to us. Our lives are dwarfed like never before by the immensity of space and time, but they are redeemed by our capacity to comprehend it and give it meaning. The Big Picture is an unprecedented scientific worldview, a tour de force that will sit on shelves alongside the works of Stephen Hawking, Carl Sagan, Daniel Dennett, and E. O. Wilson for years to come.

History of the Common Law

Author : John H. Langbein,Renee Lettow Lerner,Bruce P. Smith
Publisher : Aspen Publishing
Page : 1310 pages
File Size : 52,9 Mb
Release : 2009-08-14
Category : Law
ISBN : 9780735596047

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History of the Common Law by John H. Langbein,Renee Lettow Lerner,Bruce P. Smith Pdf

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

Beyond Reasonable Doubt and Probable Cause

Author : Barbara J. Shapiro
Publisher : Univ of California Press
Page : 384 pages
File Size : 53,8 Mb
Release : 2023-11-10
Category : History
ISBN : 9780520313408

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Beyond Reasonable Doubt and Probable Cause by Barbara J. Shapiro Pdf

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1991.

Eichmann in Jerusalem

Author : Hannah Arendt
Publisher : Penguin
Page : 337 pages
File Size : 40,5 Mb
Release : 2006-09-22
Category : Social Science
ISBN : 9781101007167

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Eichmann in Jerusalem by Hannah Arendt Pdf

The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.

Is the Death Penalty Dying?

Author : Austin Sarat,Jürgen Martschukat
Publisher : Cambridge University Press
Page : 343 pages
File Size : 40,5 Mb
Release : 2011-01-31
Category : Law
ISBN : 9781139496520

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Is the Death Penalty Dying? by Austin Sarat,Jürgen Martschukat Pdf

Is the Death Penalty Dying? provides a careful analysis of the historical and political conditions that shaped death penalty practice on both sides of the Atlantic from the end of World War II to the twenty-first century. This book examines and assesses what the United States can learn from the European experience with capital punishment, especially the trajectory of abolition in different European nations. As a comparative sociology and history of the present, the book seeks to illuminate the way death penalty systems and their dissolution work, by means of eleven chapters written by an interdisciplinary group of authors from the United States and Europe. This work will help readers see how close the United States is to ending capital punishment and some of the cultural and institutional barriers that stand in the way of abolition.