Common Sense and Legal Judgment

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773552324
Total Pages : pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Common Sense and Legal Judgment by : Patricia Cochran

Download or read book Common Sense and Legal Judgment written by Patricia Cochran and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Death of Common Sense

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Publisher : Random House Trade Paperbacks
ISBN 13 : 0812982746
Total Pages : 258 pages
Book Rating : 4.8/5 (129 download)

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Book Synopsis The Death of Common Sense by : Philip K. Howard

Download or read book The Death of Common Sense written by Philip K. Howard and published by Random House Trade Paperbacks. This book was released on 2011-05-03 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER “We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.

Toward a New Legal Common Sense

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Publisher : Cambridge University Press
ISBN 13 : 1107157846
Total Pages : 699 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Toward a New Legal Common Sense by : Boaventura de Sousa Santos

Download or read book Toward a New Legal Common Sense written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2020-10 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.

Common Sense and Common Law for the Environment

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Author :
Publisher : Rowman & Littlefield Publishers
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Common Sense and Common Law for the Environment by : Bruce Yandle

Download or read book Common Sense and Common Law for the Environment written by Bruce Yandle and published by Rowman & Littlefield Publishers. This book was released on 1997 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nuf-nuf! Educational AND fun for hours and hours! For kids ages 9 to 109. Large print. Word games, picture puzzles, logic puzzles, riddles, mazes, and more. 250 pages packed with intriguing and challenging puzzles! Journey through The World of Magic, Ancient Worlds, Future Worlds, the World Around You, the World of Words, the World of Logic, the World of Strange Things, and the World of Wise Things. New friends are there to help you on your way. Meet the gnome Walton Dalton, Drago the dragon, Princess Leela, Elvish the Elf, and the Tricky Troll brothers. Watch out for the Wizard of Words... he sneaked in dozens of Wizard Words for you to solve. Attend a holiday party, two password parties, and try some tricky brain teasers on for size. Make a paper airplane that can fly, a cup that can hold water, and fold an epic origami crane to amaze your friends and family. Put on your detective hat and solve mysteries: The Case of the Mi$$ing Money, Devious Dognappers, Burglary in the Millionaire's Mansion, and more. Wind your way through a maze of pyramids, a forest, an ancient castle, and outer space! Most of all... have lots of fun while learning new things. Nuf-Nuf!

Law and Consent

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Publisher : Routledge
ISBN 13 : 9780367785635
Total Pages : 224 pages
Book Rating : 4.7/5 (856 download)

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Book Synopsis Law and Consent by : Karla O'Regan

Download or read book Law and Consent written by Karla O'Regan and published by Routledge. This book was released on 2021-03-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consent is used in many different social and legal contexts with the pervasive understanding that it is, and has always been, about autonomy - but has it? Beginning with an overview of consent's role in law today, this book investigates the doctrine's inseparable association with personal autonomy and its effect in producing both idealised and demonised forms of personhood and agency. This prompts a search for alternative understandings of consent. Through an exploration of sexual offences in Antiquity, medical practice in the Middle Ages, and the regulation of bodily harm on the present-day sports field, this book demonstrates that, in contrast to its common sense story of autonomy, consent more often operates as an act of submission than as a form of personal freedom or agency. The book explores the implications of this counter-narrative for the law's contemporary uses of consent, arguing that the kind of freedom consent is meant to enact might be foreclosed by the very frame in which we think about autonomy itself. This book will be of interest to scholars of many aspects of law, history, and feminism as well as students of criminal law, bioethics, and political theory.

Smith, Currie & Hancock's Common Sense Construction Law

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1119540178
Total Pages : 773 pages
Book Rating : 4.1/5 (195 download)

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Book Synopsis Smith, Currie & Hancock's Common Sense Construction Law by : John M. Mastin

Download or read book Smith, Currie & Hancock's Common Sense Construction Law written by John M. Mastin and published by John Wiley & Sons. This book was released on 2019-10-01 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: The #1 construction law guide for construction professionals Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks—whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems. Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD) Presents new coverage of digital tools and processes including Electronically Stored Information (ESI) Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting Filled with checklists, sample forms, and summary “Points to Remember” for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

Beyond Common Sense

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Publisher : John Wiley & Sons
ISBN 13 : 9780470695692
Total Pages : 448 pages
Book Rating : 4.6/5 (956 download)

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Book Synopsis Beyond Common Sense by : Eugene Borgida

Download or read book Beyond Common Sense written by Eugene Borgida and published by John Wiley & Sons. This book was released on 2008-04-30 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Common Sense addresses the many important and controversial issues that arise from the use of psychological and social science in the courtroom. Each chapter identifies areas of scientific agreement and disagreement, and discusses how psychological science advances our understanding of human behavior beyond common sense. Features original chapters written by some of the leading experts in the field of psychology and law including Elizabeth Loftus, Saul Kassin, Faye Crosby, Alice Eagly, Gary Wells, Louise Fitzgerald, Craig Anderson, and Phoebe Ellsworth The 14 issues addressed include eyewitness identification, gender stereotypes, repressed memories, Affirmative Action and the death penalty Commentaries written by leading social science and law scholars discuss key legal and scientific themes that emerge from the science chapters and illustrate how psychological science is or can be used in the courts

Try Common Sense: Replacing the Failed Ideologies of Right and Left

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Author :
Publisher : W. W. Norton & Company
ISBN 13 : 1324001771
Total Pages : 237 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis Try Common Sense: Replacing the Failed Ideologies of Right and Left by : Philip K. Howard

Download or read book Try Common Sense: Replacing the Failed Ideologies of Right and Left written by Philip K. Howard and published by W. W. Norton & Company. This book was released on 2019-01-29 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Award-winning author Philip K. Howard lays out the blueprint for a new American society. In this brief and powerful book, Philip K. Howard attacks the failed ideologies of both parties and proposes a radical simplification of government to re-empower Americans in their daily choices. Nothing will make sense until people are free to roll up their sleeves and make things work. The first steps are to abandon the philosophy of correctness and our devotion to mindless compliance. Americans are a practical people. They want government to be practical. Washington can’t do anything practically. Worse, its bureaucracy prevents Americans from doing what’s sensible. Conservative bluster won’t fix this problem. Liberal hand-wringing won’t work either. Frustrated voters reach for extremist leaders, but they too get bogged down in the bureaucracy that has accumulated over the past century. Howard shows how America can push the reset button and create simpler frameworks focused on public goals where officials—prepare for the shock—are actually accountable for getting the job done.

The Common Sense Guide to Special Education Law

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Publisher : Park Place Publications
ISBN 13 : 9781424336654
Total Pages : 91 pages
Book Rating : 4.3/5 (366 download)

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Book Synopsis The Common Sense Guide to Special Education Law by : Jim Walsh

Download or read book The Common Sense Guide to Special Education Law written by Jim Walsh and published by Park Place Publications. This book was released on 2007 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The New Law and Economic Development

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Publisher : Cambridge University Press
ISBN 13 : 1139458663
Total Pages : 301 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The New Law and Economic Development by : David M. Trubek

Download or read book The New Law and Economic Development written by David M. Trubek and published by Cambridge University Press. This book was released on 2006-08-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.

Common Sense

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Publisher : Harvard University Press
ISBN 13 : 0674057813
Total Pages : 362 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Common Sense by : Sophia Rosenfeld

Download or read book Common Sense written by Sophia Rosenfeld and published by Harvard University Press. This book was released on 2011 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common sense has always been a cornerstone of American politics. In 1776, Tom Paine’s vital pamphlet with that title sparked the American Revolution. And today, common sense—the wisdom of ordinary people, knowledge so self-evident that it is beyond debate—remains a powerful political ideal, utilized alike by George W. Bush’s aw-shucks articulations and Barack Obama’s down-to-earth reasonableness. But far from self-evident is where our faith in common sense comes from and how its populist logic has shaped modern democracy. Common Sense: A Political History is the first book to explore this essential political phenomenon. The story begins in the aftermath of England’s Glorious Revolution, when common sense first became a political ideal worth struggling over. Sophia Rosenfeld’s accessible and insightful account then wends its way across two continents and multiple centuries, revealing the remarkable individuals who appropriated the old, seemingly universal idea of common sense and the new strategic uses they made of it. Paine may have boasted that common sense is always on the side of the people and opposed to the rule of kings, but Rosenfeld demonstrates that common sense has been used to foster demagoguery and exclusivity as well as popular sovereignty. She provides a new account of the transatlantic Enlightenment and the Age of Revolutions, and offers a fresh reading on what the eighteenth century bequeathed to the political ferment of our own time. Far from commonsensical, the history of common sense turns out to be rife with paradox and surprise.

Crime, The Mystery of the Common-Sense Concept

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1509510761
Total Pages : 272 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Crime, The Mystery of the Common-Sense Concept by : Robert Reiner

Download or read book Crime, The Mystery of the Common-Sense Concept written by Robert Reiner and published by John Wiley & Sons. This book was released on 2016-06-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is a source of endless fascination and fear. Yet behind the apparent consensus that crime must be fought, there is considerable conflict about what should or should not be treated as criminal, and even the most shocking crimes can inspire divisive debate. This concise book explores the seemingly simple, common-sense concept of crime revealing the huge complexities, ambiguities and tensions that lie beneath it. Criminal law is often at odds with different moral perspectives and the practices of different cultures. The mass media distort the picture profoundly, as do politicians in pursuit of law and order votes. The criminal justice system tackles only a limited range of crimes – almost entirely ones committed by the poor and relatively powerless – while often neglecting the most dangerous and harmful activities of corporations and states, from the carnage of unjust wars to the tragedies engendered by austerity. It is only by examining the multiple and varied perspectives on crime that we can begin to understand and respond appropriately to this social phenomenon. Written by a world-leading criminologist, this insightful book will be an invaluable and captivating introduction for students and interested readers of criminology, law, sociology and politics.

Common Sense

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Author :
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Common Sense by : Thomas Paine

Download or read book Common Sense written by Thomas Paine and published by . This book was released on 1918 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Causation in the Law

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Publisher :
ISBN 13 :
Total Pages : 454 pages
Book Rating : 4.:/5 (471 download)

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Book Synopsis Causation in the Law by : H. L. A. Hart

Download or read book Causation in the Law written by H. L. A. Hart and published by . This book was released on 1978 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Sense

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Publisher : University Press of America
ISBN 13 : 9780819165046
Total Pages : 398 pages
Book Rating : 4.1/5 (65 download)

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Book Synopsis Common Sense by : F. L. van Holthoon

Download or read book Common Sense written by F. L. van Holthoon and published by University Press of America. This book was released on 1987 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: NOTE: Series number is not an integer: n/a

The Rule of Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781783476060
Total Pages : 0 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis The Rule of Law by : Christopher May

Download or read book The Rule of Law written by Christopher May and published by Edward Elgar Publishing. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May's excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.' - Susanne Soederberg, Queen s University, Canada This timely book explores the complexities of the rule of law - a well-used but perhaps less well understood term - to explain why it is so often appealed to in discussions of global politics. Ranging from capacity building and the role of the World Bank to the discourse(s) of lawyers and jurisprudential critiques, it seeks to introduce non-lawyers to the important and complex political economy of the rule of law. In accessible terms, Christopher May argues that we can no longer merely use the idea of the rule of law without question but rather must appreciate its multifaceted and contested character if we are to begin to understand how and why it is now seen as a 'good thing' across the political spectrum. He expertly examines the problems encountered by rule of law programes in post-conflict and developing countries, as well as presenting the range of contested meanings of the term. The author also considers the possibility of establishing a pluralistic account of the rule of law and investigates the plausibility of an international rule of law. By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio - legal scholars and political economists. It also presents an overarching analysis of the manner in which politics and law interact that will be of great value to political scientists and development economists. Contents Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography Index

Reasonableness and Law

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Publisher : Springer Science & Business Media
ISBN 13 : 1402085001
Total Pages : 462 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Reasonableness and Law by : Giorgio Bongiovanni

Download or read book Reasonableness and Law written by Giorgio Bongiovanni and published by Springer Science & Business Media. This book was released on 2009-08-19 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.