Judging From Experience
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Judging From Experience
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Author : Jeanne Gaakeer
language : en
Publisher: Edinburgh University Press
Release Date : 2018-12-19
Judging From Experience written by Jeanne Gaakeer and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-19 with Law categories.
Combining her expertise in legal theory and judicial practice in a continental European civil-law system, Jeanne Gaakeer explores the intertwinement of legal theory and practice to develop a humanities-inspired methodology for both the academic interdisciplinary study of law and literature and for legal practice. This volume addresses judgment and interpretation as a central concern within the field of law, literature and humanities. It is not only a study of law as praxis that combines academic legal theory with judicial practice, but proposes both as central to humanistic jurisprudence and as a training in the conduct of public life. Drawing extensively on philosophical and legal scholarship and through analysis of literary works from Gustave Flaubert, Robert Musil, Gerrit Achterberg, Ian McEwan, Michel Houellebecq and Juli Zeh, Jeanna Gaakeer proposes a perspective on law as part of the humanities that will inspire legal professionals, scholars and advanced students of law alike.
Reflections On Judging
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2013-10-07
Reflections On Judging written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-07 with Law categories.
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
Women Judging And The Judiciary
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Author : Erika Rackley
language : en
Publisher: Routledge
Release Date : 2013
Women Judging And The Judiciary written by Erika Rackley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.
Judging And Emotion
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Author : Sharyn Roach Anleu
language : en
Publisher: Routledge
Release Date : 2021-02-03
Judging And Emotion written by Sharyn Roach Anleu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-03 with Law categories.
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Gender And Judging
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Author : Ulrike Schultz
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Gender And Judging written by Ulrike Schultz and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
Reflections On Judging
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Author : Richard A. Posner
language : en
Publisher: Harvard University Press
Release Date : 2013-10-07
Reflections On Judging written by Richard A. Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-07 with Law categories.
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
Pragmatism Law And Literature
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Author : David Kenny
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-06
Pragmatism Law And Literature written by David Kenny and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-06 with Law categories.
This book uses literary examples to make the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to understand legal pragmatism is not through bare theoretical exegesis but through literature: that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee, and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars, readers of literary criticism, and those with interests in pragmatist philosophy.
The Sculpted Word
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Author : Bernard Frischer
language : en
Publisher: Univ of California Press
Release Date : 2023-11-10
The Sculpted Word written by Bernard Frischer and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with History categories.
This study of the recruitment techniques used by the philosophical schools of Hellenistic Greece. Bernard Frischer focusses on the Epicureans, who are of special interest because their approach was at once extremely passive and extremely successful. Unlike other philosophical schools, which depended primarioly on public lectures and books, the Epicureans avoided contract with the dominant culture and attracted members by erecting statues of Epicurus and their other master in public places. These iconologically rich, "sculpted words" appealed to teh very people most likely to be attracted to Epicureanism, those most likely to accept the philosophy of materialism, sensationalism, and the repression of feeling, and those who sought a way of life sperate from teh dominant culture. This book is an innovative application of an inter-disciplinary humanistic an social-scientific approach to ancient Greek philosophy and art. It will appeal to those interested in the history of these subjects and those interested in the sociology of knowledge and communication. 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 1982.
The Rearguard Of Subjectivity
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Author : Frank Fleerackers
language : en
Publisher: Springer Nature
Release Date : 2023-09-02
The Rearguard Of Subjectivity written by Frank Fleerackers and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-02 with Law categories.
Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
Proof And Knowledge In Mathematics
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Author : Michael Detlefsen
language : en
Publisher: Routledge
Release Date : 2005-08-18
Proof And Knowledge In Mathematics written by Michael Detlefsen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-18 with Education categories.
Distinguished contributors tackle the main problem that arizes when considering an epistemology for mathematics, the nature and sources of mathematical justification.