Law Politics And Perception
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Law Politics And Perception
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Author : Eileen Braman
language : en
Publisher: University of Virginia Press
Release Date : 2009-10-29
Law Politics And Perception written by Eileen Braman and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-29 with Political Science categories.
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.
Common Sense And Legal Judgment
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Author : Patricia Cochran
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2017-11-27
Common Sense And Legal Judgment written by Patricia Cochran and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-27 with Law categories.
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.
Perceptions Of The Independence Of Judges In Europe
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Author : Frans van Dijk
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
Perceptions Of The Independence Of Judges In Europe written by Frans van Dijk and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Political Science categories.
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
Law And The Senses
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Author : Lionel Bently
language : en
Publisher: Pluto Press (UK)
Release Date : 1996
Law And The Senses written by Lionel Bently and has been published by Pluto Press (UK) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Business & Economics categories.
The concept of the five senses underpins all modern academic disciplines. Recent work has pushed forward the debate about their significance, and the extent to which our techniques of perception are not merely biological, but constructed and contestable. This book reflects the ways in which ordering of the senses informs law. Starting from the modern legal system's treatment of prohibitions, liabilities, properties and methods of proof and punishment, the contributors look at how understandings of the senses vary across a variety of legal areas, from intellectual property law to criminal law. It covers a range of issues including New Age travellers, consent in female circumcision and sadomasochism.
Cultural Analysis
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Author : Aaron B. Wildavsky
language : en
Publisher: Transaction Publishers
Release Date :
Cultural Analysis written by Aaron B. Wildavsky and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with Political Science categories.
In Cultural Analysis, the fourth collection of his essays posthumously published by Transaction, Wildavsky argues that American politics, public law, and public administration are the contested terrain of rival, inescapable political cultures. Analysts of American politics distinguish liberals from conservatives and Democrats from Republicans, but do not explain how these categories of political allegiance develop, maintain themselves, or change. Wildavsky offers a cultural-functional explanation for ideological and partisan coherence and realignment. Wildavsky also felt that these dualisms did not adequately capture the ideological and partisan variation he observed on the political landscape. Like others, he detected another recurring strain of political allegiance: that of classical liberalism or libertarianism. People of this political stripe valued freedom more than equality (the primary political value of contemporary liberals), and also more than order, the primary political value of conservatives.
The Politics Of Imagination
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Author : Chiara Bottici
language : en
Publisher: Birkbeck Law Press
Release Date : 2012-12-05
The Politics Of Imagination written by Chiara Bottici and has been published by Birkbeck Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-05 with Imagery (Psychology) categories.
The Politics of Imagination offers a multidisciplinary perspective on the contemporary relationship between politics and the imagination. What role does our capacity to form images play in politics? And can we define politics as a struggle for people’s imagination? As a result of the increasingly central place of the media in our lives, the political role of imagination has undergone a massive quantitative and a qualitative change. As such, there has been a revival of interest in the concept of imagination, as the intimate connections between our capacity to form images and politics becomes more and more evident. Bringing together scholars from different disciplines and theoretical outlooks, The Politics of Imagination examines how the power of imagination reverberates in the various ambits of social and political life: in law, history, art, gender, economy, religion and the natural sciences. And it will be of considerable interest to those with contemporary interests in philosophy, political philosophy, political science, legal theory, gender studies, sociology, nationalism, identity studies, cultural studies, and media studies.
The Politics Of Law And Order
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Author : Stuart A. Scheingold
language : en
Publisher:
Release Date : 2011-02
The Politics Of Law And Order written by Stuart A. Scheingold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02 with Political Science categories.
The Politics Of Perception And The Aesthetics Of Social Change
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Author : Jason Miller
language : en
Publisher: Columbia University Press
Release Date : 2021-08-31
The Politics Of Perception And The Aesthetics Of Social Change written by Jason Miller and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Philosophy categories.
In both politics and art in recent decades, there has been a dramatic shift in emphasis on representation of identity. Liberal ideals of universality and individuality have given way to a concern with the visibility and recognition of underrepresented groups. Modernist and postmodernist celebrations of disruption and subversion have been challenged by the view that representation is integral to social change. Despite this convergence, neither political nor aesthetic theory has given much attention to the increasingly central role of art in debates and struggles over cultural identity in the public sphere. Connecting Hegelian aesthetics with contemporary cultural politics, Jason Miller argues that both the aesthetic and political value of art are found in the reflexive self-awareness that artistic representation enables. The significance of art in modern life is that it shows us both the particular element in humanity as well as the human element in particularity. Just as Hegel asks us to acknowledge how different historical and cultural contexts produce radically different experiences of art, identity-based art calls on its audiences to situate themselves in relation to perspectives and experiences potentially quite remote—or even inaccessible—from their own. Miller offers a timely response to questions such as: How does contemporary art’s politics of perception contest liberal notions of deliberative politics? How does the cultural identity of the artist relate to the representations of cultural identity in their work? How do we understand and evaluate identity-based art aesthetically? Discussing a wide range of works of art and popular culture—from Antigone to Do the Right Thing and The Wire—this book develops a new conceptual framework for understanding the representation of cultural identity that affirms art’s capacity to effect social change.
Perceptions And Misconceptions Of Donald Trump
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Author : Mohamed A. Arafa
language : en
Publisher:
Release Date : 2022-03-10
Perceptions And Misconceptions Of Donald Trump written by Mohamed A. Arafa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with categories.
This edited volume marks a further step toward responding to the challenge of providing a moderately broad but sensibly detailed and advanced treatment of human rights and foreign policy in comparative perception and the trend of democracy and the rule of law in the United States under Trumpism. In other words, the volume is responding to the general challenge (faced by others) of "providing a moderately broad but sensibly detailed and advanced treatment" of two things: (1) "human rights and foreign policy in comparative perception" and (2) "the trend of democracy and the rule of law in the United States under Trumpism." This edited volume discusses the state of democracy, human rights, freedom of speech, rule of law and foreign policy in the United States under the US 45th President, Donald J. Trump, through the perspective of the authors - from different backgrounds such as the United States, Europe, Egypt, Brasil, Mexico - and their response to these policies, along with Trump's degrading concepts of human rights in Islam (Shārīe'ā). In other words, the volume underscores the concept of democracy, human rights, freedom of speech, rule of law, and foreign policy in the United States under Trump, and Trump's degrading opinion of Islamic conceptions of human rights.
Courting Constitutionalism
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Author : Moeen Cheema
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Courting Constitutionalism written by Moeen Cheema and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
Presents a deeply contextualized account of public law and judicial review in Pakistan.