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Decision Theory And The Legal Process
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Book Synopsis Structures of Judicial Decision Making from Legal Formalism to Critical Theory by : Roy Lavon Brooks
Download or read book Structures of Judicial Decision Making from Legal Formalism to Critical Theory written by Roy Lavon Brooks and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Book Synopsis Theories of Choice by : Stefan Grundmann
Download or read book Theories of Choice written by Stefan Grundmann and published by Oxford University Press, USA. This book was released on 2021 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network.
Book Synopsis An Introduction to Decision Theory by : Martin Peterson
Download or read book An Introduction to Decision Theory written by Martin Peterson and published by Cambridge University Press. This book was released on 2017-03-30 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and accessible introduction to all aspects of decision theory, now with new and updated discussions and over 140 exercises.
Book Synopsis `Discovery' in Legal Decision-Making by : B. Anderson
Download or read book `Discovery' in Legal Decision-Making written by B. Anderson and published by Springer Science & Business Media. This book was released on 1996-02-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
Book Synopsis The Supreme Court in the American Legal System by : Jeffrey A. Segal
Download or read book The Supreme Court in the American Legal System written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2005-08 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the American legal system, including a comprehensive treatment of the U.S. Supreme Court. Despite this treatment, the 'in' from the title deserves emphasis, for it extensively examines lower courts, providing separate chapters on state courts, the US District Courts, and the US Courts of Appeals. The book analyzes these courts from a legal/extralegal framework, drawing different conclusions about the relative influence of each based on institutional structures and empirical evidence. The book is also tied together through its attention to the relationship between lower courts and the Supreme Court. Additionally, Election 2000 litigation provides a common substantive topic linking many of the chapters. Finally, it provides extended coverage to the legal process, with separate chapters on civil procedure, evidence, and criminal procedure.
Book Synopsis Affect and Cognition in Criminal Decision Making by : Jean-Louis van Gelder
Download or read book Affect and Cognition in Criminal Decision Making written by Jean-Louis van Gelder and published by Routledge. This book was released on 2013-11-26 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research and theorizing on criminal decision making has not kept pace with recent developments in other fields of human decision making. Whereas criminal decision making theory is still largely dominated by cognitive approaches such as rational choice-based models, psychologists, behavioral economists and neuroscientists have found affect (i.e., emotions, moods) and visceral factors such as sexual arousal and drug craving, to play a fundamental role in human decision processes. This book examines alternative approaches to incorporating affect into criminal decision making and testing its influence on such decisions. In so doing it generalizes extant cognitive theories of criminal decision making by incorporating affect into the decision process. In two conceptual and ten empirical chapters it is carefully argued how affect influences criminal decisions alongside rational and cognitive considerations. The empirical studies use a wide variety of methods ranging from interviews and observations to experimental approaches and questionnaires, and treat crimes as diverse as street robbery, pilfering, and sex offences. It will be of interest to criminologists, social psychologists, judgment and decision making researchers, behavioral economists and sociologists alike.
Book Synopsis Decision Theory with a Human Face by : Richard Bradley
Download or read book Decision Theory with a Human Face written by Richard Bradley and published by Cambridge University Press. This book was released on 2017-10-26 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how decision-makers can manage uncertainty that varies in both kind and severity by extending and supplementing Bayesian decision theory.
Book Synopsis Selection and Decision in Judicial Process Around the World by : Yun-chien Chang
Download or read book Selection and Decision in Judicial Process Around the World written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2020 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.
Book Synopsis Oral Arguments and Decision Making on the United States Supreme Court by : Timothy R. Johnson
Download or read book Oral Arguments and Decision Making on the United States Supreme Court written by Timothy R. Johnson and published by SUNY Press. This book was released on 2004-07-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: How oral arguments influence the decisions of Supreme Court justices.
Book Synopsis Protection of Natural Persons with Regard to Automated Individual Decision-Making in the GDPR by : Aleksandra Drożdż
Download or read book Protection of Natural Persons with Regard to Automated Individual Decision-Making in the GDPR written by Aleksandra Drożdż and published by Kluwer Law International B.V.. This book was released on 2020-03-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR’s background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from ‘ordinary’ personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection – issues whose role in the information society will grow rapidly – this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.
Book Synopsis The Rule of Law in the United Nations Security Council Decision-Making Process by : Sherif Elgebeily
Download or read book The Rule of Law in the United Nations Security Council Decision-Making Process written by Sherif Elgebeily and published by Taylor & Francis. This book was released on 2017-03-31 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to reform the use of the veto -- Conclusions -- 11 Accountability -- Introduction -- Self-regulation -- The accountability, coherence and transparency (ACT) group -- The Office of the Ombudsperson -- Sibling UN organs -- The International Court of Justice -- Potential coordination with the ICJ -- The General Assembly -- Conclusions -- Final conclusions -- Index
Book Synopsis The Judicial Decision by : Richard A. Wasserstrom
Download or read book The Judicial Decision written by Richard A. Wasserstrom and published by . This book was released on 1961 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Multi-criteria Analysis in Legal Reasoning by : Bengt Lindell
Download or read book Multi-criteria Analysis in Legal Reasoning written by Bengt Lindell and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Download or read book Nudge written by Richard H. Thaler and published by Penguin. This book was released on 2009-02-24 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available: Nudge: The Final Edition The original edition of the multimillion-copy New York Times bestseller by the winner of the Nobel Prize in Economics, Richard H. Thaler, and Cass R. Sunstein: a revelatory look at how we make decisions—for fans of Malcolm Gladwell’s Blink, Charles Duhigg’s The Power of Habit, James Clear’s Atomic Habits, and Daniel Kahneman’s Thinking, Fast and Slow Named a Best Book of the Year by The Economist and the Financial Times Every day we make choices—about what to buy or eat, about financial investments or our children’s health and education, even about the causes we champion or the planet itself. Unfortunately, we often choose poorly. Nudge is about how we make these choices and how we can make better ones. Using dozens of eye-opening examples and drawing on decades of behavioral science research, Nobel Prize winner Richard H. Thaler and Harvard Law School professor Cass R. Sunstein show that no choice is ever presented to us in a neutral way, and that we are all susceptible to biases that can lead us to make bad decisions. But by knowing how people think, we can use sensible “choice architecture” to nudge people toward the best decisions for ourselves, our families, and our society, without restricting our freedom of choice.
Book Synopsis Decision Making in Action by : Gary A. Klein
Download or read book Decision Making in Action written by Gary A. Klein and published by Ablex Publishing Corporation. This book was released on 1992-08-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the new perspective of naturalistic decision making. The point of departure is how people make decisions in complex, time-pressured, ambiguous, and changing environments. The purpose of this book is to present and elaborate on past models developed to explain this type of decision making. The central philosophy of the book is that classical decision theory has been unproductive since it is so heavily grounded in economics and mathematics. The contributors believe there is little to be learned from laboratory studies about how people actually handle difficult and interesting tasks; therefore, the book presents a critique of classical decision theory. The models of naturalistic decision making described by the contributors were derived to explain the behavior of firefighters, business people, jurors, nuclear power plant operators, and command-and-control officers. The models are unique in that they address the way people use experience to frame situations and adopt courses of action. The models explain the strengths of skilled decision makers. Naturalistic decision research requires the examination of field settings, and a section of the book covers methods for conducting meaningful research outside the laboratory. In addition, since his approach has applied value, the book covers issues of training and decision support systems.
Book Synopsis The Decision-Making Process of Investor-State Arbitration Tribunals by : Mary Mitsi
Download or read book The Decision-Making Process of Investor-State Arbitration Tribunals written by Mary Mitsi and published by International Arbitration Law. This book was released on 2018-12-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Decision-Making Process of Investor-State Arbitration Tribunals' explores the ways in which arbitral tribunals interpret the law in investor-state disputes. It examines the emergence of a specialised way of decision-making adapted to the characteristics and needs of investment arbitration. In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of arbitral awards and the predictability and legitimacy of the arbitral decision-making process. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals. It particularly examines the way tribunals reason their awards making reference to treaties, precedent, policies, general principles of law and customary law in their decision-making process.
Book Synopsis Deciding about Design Quality by : Leentje Volker
Download or read book Deciding about Design Quality written by Leentje Volker and published by Sidestone Press. This book was released on 2010 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years the image of tender procedures in which Dutch public clients selected an architect has been dominated by distressing newspaper headlines. Architects fear that the current tender culture will harm the quality of our built environment due to a potential lack of diversity, creativity and innovation in architectural design. Due to potential risks clients often allow legal requirements to overrule their actual wishes. This PhD research addresses the origin of the problems as currently experienced by public commissioning clients in architect selection and proposes pragmatic implications for future practice. It is therefore of interest for commissioning clients, management consultants, policy makers and legal advisors but also for designers and researchers in the field of architecture and decision making.
