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Judging Under Uncertainty
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Book Synopsis Judging Under Uncertainty by : Adrian Vermeule
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Judging Under Uncertainty written by and published by . This book was released on 2010 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judgment Under Uncertainty by : Daniel Kahneman
Download or read book Judgment Under Uncertainty written by Daniel Kahneman and published by Cambridge University Press. This book was released on 1982-04-30 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty-five chapters describe various judgmental heuristics and the biases they produce, not only in laboratory experiments, but in important social, medical, and political situations as well. Most review multiple studies or entire subareas rather than describing single experimental studies.
Book Synopsis The Oxford Handbook of Cognitive Psychology by : Daniel Reisberg
Download or read book The Oxford Handbook of Cognitive Psychology written by Daniel Reisberg and published by . This book was released on 2013-04-04 with total page 1106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is an essential, comprehensive resource for students and academics interested in topics in cognitive psychology, including perceptual issues, attention, memory, knowledge representation, language, emotional influences, judgment, problem solving, and the study of individual differences in cognition.
Book Synopsis Heuristics and Biases by : Thomas Gilovich
Download or read book Heuristics and Biases written by Thomas Gilovich and published by Cambridge University Press. This book was released on 2002-07-08 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2002, compiles psychologists' best attempts to answer important questions about intuitive judgment.
Book Synopsis How Judges Think by : Richard A. Posner
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Book Synopsis Law’s Abnegation by : Adrian Vermeule
Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Book Synopsis Utility, Probability, and Human Decision Making by : Dirk Wendt
Download or read book Utility, Probability, and Human Decision Making written by Dirk Wendt and published by Springer Science & Business Media. This book was released on 1975-12-31 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human decision making involves problems which are being studied with increasing interest and sophistication. They range from controversial political decisions via individual consumer decisions to such simple tasks as signal discriminations. Although it would seem that decisions have to do with choices among available actions of any kind, there is general agreement that decision making research should pertain to choice prob lems which cannot be solved without a predecisional stage of finding choice alternatives, weighing evidence, and judging values. The ultimate objective of scientific research on decision making is two-fold: (a) to develop a theoretically sound technology for the optimal solution of decision problems, and (b) to formulate a descriptive theory of human decision making. The latter may, in tum, protect decision makers from being caught in the traps of their own limitations and biases. Recently, in decision making research the strong emphasis on well defined laboratory tasks is decreasing in favour of more realistic studies in various practical settings. This may well have been caused by a growing awareness of the fact that decision-behaviour is strongly determined by situational factors, which makes it necessary to look into processes of interaction between the decision maker and the relevant task environ ment. Almost inevitably there is a parallel shift of interest towards problems of utility measurement and the evaluation of consequences.
Book Synopsis Beyond the Formalist-Realist Divide by : Brian Z. Tamanaha
Download or read book Beyond the Formalist-Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Book Synopsis Rational Choice in an Uncertain World by : Reid Hastie
Download or read book Rational Choice in an Uncertain World written by Reid Hastie and published by SAGE. This book was released on 2010 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Second Edition of Rational Choice in an Uncertain World the authors compare the basic principles of rationality with actual behaviour in making decisions. They describe theories and research findings from the field of judgment and decision making in a non-technical manner, using anecdotes as a teaching device. Intended as an introductory textbook for advanced undergraduate and graduate students, the material not only is of scholarly interest but is practical as well. The Second Edition includes: - more coverage on the role of emotions, happiness, and general well-being in decisions - a summary of the new research on the neuroscience of decision processes - more discussion of the adaptive value of (non-rational heuristics) - expansion of the graphics for decision trees, probability trees, and Venn diagrams.
Book Synopsis The Constitution in Conflict by : Robert A. Burt
Download or read book The Constitution in Conflict written by Robert A. Burt and published by Harvard University Press. This book was released on 1992 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Basic Problems in Methodology and Linguistics by : Robert E. Butts
Download or read book Basic Problems in Methodology and Linguistics written by Robert E. Butts and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth International Congress of Logic, Methodology and Philosophy of Science was held at the University of Western Ontario, London, Canada, 27 August to 2 September 1975. The Congress was held under the auspices of the International Union of History and Philosophy of Science, Division of Logic, Methodology and Philosophy of Science, and was sponsored by the National Research Council of Canada and the University of Western Ontario. As those associated closely with the work of the Division over the years know well, the work undertaken by its members varies greatly and spans a number of fields not always obviously related. In addition, the volume of work done by first rate scholars and scientists in the various fields of the Division has risen enormously. For these and related reasons it seemed to the editors chosen by the Divisional officers that the usual format of publishing the proceedings of the Congress be abandoned in favour of a somewhat more flexible, and hopefully acceptable, method of pre sentation. Accordingly, the work of the invited participants to the Congress has been divided into four volumes appearing in the University of Western Ontario Series in Philosophy of Science. The volumes are entitled, Logic, Foundations of Mathematics and Computability Theory, Foun dational Problems in the Special Sciences, Basic Problems in Methodol ogy and Linguistics, and Historical and Philosophical Dimensions of Logic, Methodology and Philosophy of Science.
Book Synopsis Punitive Damages by : Cass R. Sunstein
Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
Book Synopsis Limits of Legality by : Jeffrey Brand-Ballard
Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by Oxford University Press. This book was released on 2010-05-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Book Synopsis Judging at the Interface by : Esmé Shirlow
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Book Synopsis Natural Hazard Uncertainty Assessment by : Karin Riley
Download or read book Natural Hazard Uncertainty Assessment written by Karin Riley and published by John Wiley & Sons. This book was released on 2016-12-12 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uncertainties are pervasive in natural hazards, and it is crucial to develop robust and meaningful approaches to characterize and communicate uncertainties to inform modeling efforts. In this monograph we provide a broad, cross-disciplinary overview of issues relating to uncertainties faced in natural hazard and risk assessment. We introduce some basic tenets of uncertainty analysis, discuss issues related to communication and decision support, and offer numerous examples of analyses and modeling approaches that vary by context and scope. Contributors include scientists from across the full breath of the natural hazard scientific community, from those in real-time analysis of natural hazards to those in the research community from academia and government. Key themes and highlights include: Substantial breadth and depth of analysis in terms of the types of natural hazards addressed, the disciplinary perspectives represented, and the number of studies included Targeted, application-centered analyses with a focus on development and use of modeling techniques to address various sources of uncertainty Emphasis on the impacts of climate change on natural hazard processes and outcomes Recommendations for cross-disciplinary and science transfer across natural hazard sciences This volume will be an excellent resource for those interested in the current work on uncertainty classification/quantification and will document common and emergent research themes to allow all to learn from each other and build a more connected but still diverse and ever growing community of scientists. Read an interview with the editors to find out more: https://eos.org/editors-vox/reducing-uncertainty-in-hazard-prediction
