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Author: Eileen Braman Publisher: University of Virginia Press ISBN: 0813928370 Category : Political Science Languages : en Pages : 258
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
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: 0191615064 Category : Political Science Languages : en Pages : 832
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: Jon Hurwitz Publisher: Yale University Press ISBN: 9780300143454 Category : Political Science Languages : en Pages : 278
Book Description
Based on one of the most extensive scientific surveys of race ever conducted, this book investigates the relationship between racial perceptions and policy choices in America. The contributors—leading scholars in the fields of public opinion, race relations, and political behavior—clarify and explore images of African-Americans that white Americans hold and the complex ways that racial stereotypes shape modern political debates about such issues as affirmative action, housing, welfare, and crime.The authors make use of the largest national study of public opinion on racial issues in more than a generation—the Race and Politics Study (RPS) conducted by the Survey Research Center at the University of California. The RPS employed methodological improvements made possible by Computer Assisted Telephone Interviewing, a technique that enables analysts to combine the internal validity of laboratory experiments with the external validity of probability sampling. Taking full advantage of these research methods, the authors offer highly nuanced analyses of subjects ranging from the sources of racial stereotypes to the racial policy preferences of Democrats and Republicans to the reasons for resistance to affirmative action. Their findings indicate that while crude and explicit forms of racial prejudice may have declined in recent decades, racial stereotypes persist among many whites and exert a powerful influence on the ways they view certain public policies.
Author: Frederick Schauer Publisher: Harvard University Press ISBN: 0674276256 Category : Law Languages : en Pages : 321
Book Description
Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
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: Susanna Siegel Publisher: Oxford University Press ISBN: 0198797087 Category : Philosophy Languages : en Pages : 248
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.
Author: Keith E. Whittington Publisher: ISBN: 9780415680356 Category : Law Languages : en Pages : 0
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: Lief H. Carter Publisher: University of Chicago Press ISBN: 022632821X Category : Political Science Languages : en Pages : 311
Book Description
Newly updated ninth edition: “A superbly written, pedagogically rich, historically and conceptually informed introduction to legal reasoning.” —Law and Politics Book Review Over the decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book’s analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia’s powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
Author: Michael Waibel Publisher: Kluwer Law International B.V. ISBN: 9041132023 Category : Law Languages : en Pages : 674
Book Description
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Author: Leslie C. Levin Publisher: University of Chicago Press ISBN: 0226475158 Category : Law Languages : en Pages : 401
Book Description
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
Author: Eileen Braman
Author: Eileen Braman
Author: Keith E. Whittington
Author: Jon Hurwitz
Author: Frederick Schauer
Author: American Bar Association. House of Delegates
Author: Susanna Siegel
Author: Keith E. Whittington
Author: Lief H. Carter
Author: Michael Waibel
Author: Leslie C. Levin