Law Psychology And Morality
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Law Psychology And Morality
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Author : Eyal Zamir
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Law Psychology And Morality written by Eyal Zamir and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Prospect theory posits that people do not perceive outcomes as final states of wealth or welfare, but rather as gains or losses in relation to some reference point. People are generally loss averse: the disutility generated by a loss is greater than the utility produced by a commensurate gain. Loss aversion is related to such phenomena as the status quo and omission biases, the endowment effect, and escalation of commitment. The book systematically analyzes the relationships between loss aversion and the law.
Law And Morality
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Author : Leon Petrażycki
language : en
Publisher: Transaction Publishers
Release Date : 2011
Law And Morality written by Leon Petrażycki and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --
Law And Morality
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Author : Leon Petrazycki
language : en
Publisher: Routledge
Release Date : 2017-10-12
Law And Morality written by Leon Petrazycki and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with categories.
In analyzing the socio-psychic nature and operations of intuitive legal rules, Petrazycki formulates a theory of law around five conceptual themes: anti-formalism, imperative-attributive legal relationships, law's functional control, law's subjective reality and morality. Petrazycki presents the two ways by which law coordinates and regulates social conduct as through its distributive and organizing functions. Law and Morality has a basic objective: to analyze interrelations between positive and intuitive law. Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. Petrazycki's socio-legal ideas remain relevant in today's society. His arguments concerning the global expansion of human love have an attraction for those working towards a better world. In the context of positive psychology and the growing happiness industry, Petrazycki's ideas will compel legal scholars to consider his arguments. Petrazycki's work stands out for the scientific ambitions and systematic nature of his thought as well as the influence of his work on later scholars in the sociology of law.
On Guilt And Innocence
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Author : Herbert Morris
language : en
Publisher: Univ of California Press
Release Date : 1976
On Guilt And Innocence written by Herbert Morris 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 1976 with Law categories.
A Theory Of Contract Law
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Author : Peter A. Alces
language : en
Publisher: Oxford University Press
Release Date : 2011-04-07
A Theory Of Contract Law written by Peter A. Alces and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-07 with Law categories.
In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.
Objection
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Author : Debra Lieberman
language : en
Publisher: Oxford University Press
Release Date : 2018-07-03
Objection written by Debra Lieberman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-03 with Psychology categories.
Why do we consider incest wrong, even when it occurs between consenting adults unable to have children? Why are words that gross us out more likely to be deemed "obscene" and denied the protection of the First Amendment? In a world where a gruesome photograph can decisively influence a jury and homosexual behavior is still condemned by some as "unnatural," it is worth asking: is our legal system really governed by the power of reason? Or do we allow a primitive human emotion, disgust, to guide us in our lawmaking? In Objection, psychologists Debra Lieberman and Carlton Patrick examine disgust and its impact on the legal system to show why the things that we find stomach-turning so often become the things that we render unlawful. Shedding light on the evolutionary and psychological origins of disgust, the authors reveal how ancient human intuitions about what is safe to eat or touch, or who would make an advantageous mate, have become co-opted by moral systems designed to condemn behavior and identify groups of people ripe for marginalization. Over time these moral stances have made their way into legal codes, and disgust has thereby served as the impetus for laws against behaviors almost universally held to be "disgusting" (corpse desecration, bestiality) - and as the implicit justification for more controversial prohibitions (homosexuality, use of pornography). Written with a critical eye on current events, Lieberman and Patrick build a case for a more reasoned approach to lawmaking in a system that often confuses "gross" with "wrong."
The Law Of Good People
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Author : Yuval Feldman
language : en
Publisher:
Release Date : 2018-06-07
The Law Of Good People written by Yuval Feldman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-07 with Law categories.
Plato has famously argued ...
From Psychology To Morality
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Author : John Deigh
language : en
Publisher: Oxford University Press
Release Date : 2018-07-02
From Psychology To Morality written by John Deigh and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-02 with Philosophy categories.
The essays in this collection belong to the tradition of naturalism in ethics. The tradition goes back to the beginnings of moral philosophy in ancient Greek thought. Its program is to explain moral thought and action as wholly natural phenomena. Its aim, in other words, is to explain such thought and action without recourse to either a reality separate from that of the natural world or volitional powers that operate independently of natural forces. Its greatest exponent in ancient thought was Aristotle. In modern thought Hume and Freud stand out as the most influential contributors to the tradition. All three thinkers made the study of human psychology fundamental to their work in ethics. All three built their theories on studies of human desires and emotions and assigned to reason the role of guiding the actions that spring from our desires and emotions toward ends that promise self-fulfillment and away from ends that are self-destructive. The collection's essays draw inspiration from their ideas. Its twelve principal essays are arranged to follow the lead of Aristotle's and Hume's ethics. The first three survey and examine general theories of emotion and motivation. The next two focus on emotions that are central to human sociability and that contemporary Anglo-American philosophers discuss under the rubric of reactive attitudes. Turning to distinctively cognitive powers necessary for moral thought and action, the sixth and seventh essays discuss the role of empathy in moral judgment and defend Bernard Williams's controversial account of practical reason. The final five essays use the studies in moral psychology of the previous chapters to treat questions in ethics and social philosophy. The treatment of these questions exemplifies the implementation of a naturalist program in these disciplines.
The Oxford Handbook Of Behavioral Economics And The Law
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Author : Eyal Zamir
language : en
Publisher: Oxford Handbooks
Release Date : 2014
The Oxford Handbook Of Behavioral Economics And The Law written by Eyal Zamir and has been published by Oxford Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Business & Economics categories.
'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.
The Moral Conflict Of Law And Neuroscience
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Author : Peter A. Alces
language : en
Publisher: University of Chicago Press
Release Date : 2018-01-24
The Moral Conflict Of Law And Neuroscience written by Peter A. Alces and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-24 with Law categories.
Law relies on a conception of human agency, the idea that humans are capable of making their own choices and are morally responsible for the consequences. But what if that is not the case? Over the past half century, the story of the law has been one of increased acuity concerning the human condition, especially the workings of the brain. The law already considers select cognitive realities in evaluating questions of agency and responsibility, such as age, sanity, and emotional distress. As new neuroscientific research comprehensively calls into question the very idea of free will, how should the law respond to this revised understanding? Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will—and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naiveté of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.