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Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
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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
Get Book
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: 081395021X
Category : Political Science
Languages : en
Pages : 277
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Book Description
The relationship between public opinion and the actions of institutions such as the Supreme Court has come under increased scrutiny in recent years. In this timely book, Eileen Braman explores how American citizens think about government across all three branches, applying a rigorous political scientific methodology to explore why citizens may support potentially risky changes to our governing system. As Braman highlights, Americans value institutions that they perceive as delivering personal and societal gains, and citizens who see these institutions as delivering potential losses are more supportive of fundamental constitutional change. In the face of growing resentment of government and recurring warnings of constitutional crisis, Braman offers a hopeful note: her findings suggest that politicians can channel discontent toward meaningful reform and the healthy evolution of our democratic system.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0
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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: Jason Miller
Publisher: Columbia University Press
ISBN: 0231554095
Category : Philosophy
Languages : en
Pages : 125
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Book Description
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.
Author: Shanto Iyengar
Publisher: Duke University Press
ISBN: 9780822313243
Category : History
Languages : en
Pages : 504
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Book Description
Mapping the territory where political science and psychology intersect, Explorations in Political Psychology offers a broad overview of the the field of political psychology--from its historical evolution as an area of inquiry to the rich and eclectic array of theories, concepts, and methods that mark it as an emerging discipline. In introductory essays, editors Shanto Iyengar and William J. McGuire identify the points of exchange between the disciplines represented and discuss the issues that make up the subfields of political psychology. Bringing together leading scholars from social psychology and political science, the following sections discuss attitude research (the study of political attitudes and opinions); cognition and information-processing (the relationship between the structures of human information-processing and political and policy preferences); and decision making (how people make decisions about political preferences). As a comprehensive introduction to a growing field of interdisciplinary concern, Explorations in Political Psychology will prove a useful guide for historians, social psychologists, and political scientists with an interest in individual political behavior. Contributors. Stephen Ansolabehere, Donald Granberg, Shanto Iyengar, Robert Jervis, Milton Lodge, Roger D. Masters, William J. McGuire, Victor C. Ottati, Samuel L. Popkin, William M. Runyan, David O. Sears, Patrick Stroh, Denis G. Sullivan, Philip E. Tetlock, Robert S. Wyer, Jr.
Author: Benjamin Meiches
Publisher: U of Minnesota Press
ISBN: 1452959676
Category : Political Science
Languages : en
Pages : 407
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Book Description
How did a powerful concept in international justice evolve into an inequitable response to mass suffering? For a term coined just seventy-five years ago, genocide has become a remarkably potent idea. But has it transformed from a truly novel vision for international justice into a conservative, even inaccessible term? The Politics of Annihilation traces how the concept of genocide came to acquire such significance on the global political stage. In doing so, it reveals how the concept has been politically contested and refashioned over time. It explores how these shifts implicitly impact what forms of mass violence are considered genocide and what forms are not. Benjamin Meiches argues that the limited conception of genocide, often rigidly understood as mass killing rooted in ethno-religious identity, has created legal and political institutions that do not adequately respond to the diversity of mass violence. In his insistence on the concept’s complexity, he does not undermine the need for clear condemnations of such violence. But neither does he allow genocide to become a static or timeless notion. Meiches argues that the discourse on genocide has implicitly excluded many forms of violence from popular attention including cases ranging from contemporary Botswana and the Democratic Republic of Congo, to the legacies of colonial politics in Haiti, Canada, and elsewhere, to the effects of climate change on small island nations. By mapping the multiplicity of forces that entangle the concept in larger assemblages of power, The Politics of Annihilation gives us a new understanding of how the language of genocide impacts contemporary political life, especially as a means of protesting the social conditions that produce mass violence.
Author: Olaf Halvorsen Rønning
Publisher: Springer
ISBN: 3319466844
Category : Social Science
Languages : en
Pages : 341
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Book Description
This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.
Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176
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Book Description
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author: Alexander M. Bickel
Publisher: Yale University Press
ISBN: 9780300173338
Category : Law
Languages : en
Pages : 322
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Book Description
This classic book on the role of the Supreme Court in our democracy traces the history of the Court, assessing the merits of various decisions along the way. Eminent law professor Alexander Bickel begins with Marbury vs. Madison, which he says gives shaky support to judicial review, and concludes with the school desegregation cases of 1954, which he uses to show the extent and limits of the Court’s power. In this way he accomplishes his stated purpose: “to have the Supreme Court’s exercise of judicial review better understood and supported and more sagaciously used.” The book now includes new foreword by Henry Wellington.Reviews of the Earlier Edition:“Dozens of books have examined and debated the court’s role in the American system. Yet there remains great need for the scholarship and perception, the sound sense and clear view Alexander Bickel brings to the discussion.... Students of the court will find much independent and original thinking supported by wide knowledge. Many judges could read the book with profit.” -Donovan Richardson, Christian Science Monitor“The Yale professor is a law teacher who is not afraid to declare his own strong views of legal wrongs... One of the rewards of this book is that Professor Bickel skillfully knits in "ations from a host of authorities and, since these are carefully documented, the reader may look them up in their settings. Among the author’s favorites is the late Thomas Reed Powell of Harvard, whose wit flashes on a good many pages.” -Irving Dillard, Saturday ReviewAlexander M. Bickel was professor of law at Yale University.
