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Rethinking The Reasonable Person
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Book Synopsis Rethinking the Reasonable Person by : Mayo Moran
Download or read book Rethinking the Reasonable Person written by Mayo Moran and published by Oxford University Press, USA. This book was released on 2003 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.
Book Synopsis The Limits of Blame by : Erin I. Kelly
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
Download or read book The Law's Flaws written by Larry Laudan and published by . This book was released on 2016-08-22 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.
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.
Book Synopsis Rethinking Race by : Michael O. Hardimon
Download or read book Rethinking Race written by Michael O. Hardimon and published by Harvard University Press. This book was released on 2017-06-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many scholars and activists seek to eliminate “race”—the word and the concept—from our vocabulary. Their claim is clear: because science has shown that racial essentialism is false and because the idea of race has proved virulent, we should do away with the concept entirely. Michael O. Hardimon criticizes this line of thinking, arguing that we must recognize the real ways in which race exists in order to revise our understanding of its significance. Rethinking Race provides a novel answer to the question “What is race?” Pernicious, traditional racialism maintains that people can be judged and ranked according to innate racial features. Hardimon points out that those who would eliminate race make the mistake of associating the word only with this view. He agrees that this concept should be jettisoned, but draws a distinction with three alternative ideas: first, a stripped-down version of the ordinary concept of race that recognizes minimal physical differences between races but does not consider them significant; second, a scientific understanding of populations with shared lines of descent; and third, an acknowledgment of “socialrace” as a separate construction. Hardimon provides a language for understanding the ways in which races do and do not exist. His account is realistic in recognizing the physical features of races, as well as the existence of races in our social world. But it is deflationary in rejecting the concept of hierarchical or defining racial characteristics. Ultimately, Rethinking Race offers a philosophical basis for repudiating racism without blinding ourselves to reality.
Book Synopsis Rethinking Criminal Law by : George P. Fletcher
Download or read book Rethinking Criminal Law written by George P. Fletcher and published by . This book was released on 2000 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition which will be published by OUP in three volumes, the first of which is scheduled to appear in January 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
Book Synopsis Rethinking Homework by : Cathy Vatterott
Download or read book Rethinking Homework written by Cathy Vatterott and published by ASCD. This book was released on 2018-09-25 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this updated edition, Cathy Vatterott examines the role homework has played in the culture of schooling over the years; how such factors as family life, the media, and "homework gap" issues based on shifting demographics have affected the homework controversy; and what recent research as well as common sense tell us about the effects of homework on student learning. She also explores how the current homework debate has been reshaped by forces including the Common Core, a pervasive media and technology presence, the mass hysteria of "achievement culture," and the increasing shift to standards-based and formative assessment. The best way to address the homework controversy is not to eliminate homework. Instead, the author urges educators to replace the old paradigm (characterized by long-standing cultural beliefs, moralistic views, and behaviorist philosophy) with a new paradigm based on the following elements: Designing high-quality homework tasks; Differentiating homework tasks; Deemphasizing grading of homework; Improving homework completion; and Implementing homework support programs. Numerous examples from teachers and schools illustrate the new paradigm in action, and readers will find useful new tools to start them on their own journey. The end product is homework that works—for all students, at all levels.
Book Synopsis Rethinking Life and Death by : Peter Singer
Download or read book Rethinking Life and Death written by Peter Singer and published by Macmillan. This book was released on 1996-04-15 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a reassessment of the meaning of life and death, a noted philosopher offers a new definition for life that contrasts a world dependent on biological maintenance with one controlled by state-of-the-art medical technology.
Book Synopsis Rethinking Consumer Protection by : Thomas Tacker
Download or read book Rethinking Consumer Protection written by Thomas Tacker and published by Rowman & Littlefield. This book was released on 2019-07-15 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many decades consumer protection laws have focused on preventing “bad” choices. Though that approach has some value, this book explains we are much more often harmed, even killed, by the needless delay of new inventions that could save lives or vastly improve life quality. Thomas Tacker explains how we can revamp regulation to embrace inventions that save and improve lives while still holding companies accountable for actions that harm consumers. Case studies include price gouging, the FDA approval process, airport passenger screening, and occupational licensing, particularly as it relates to Uber. This book demonstrates that enacting appropriate liability laws and providing information to guide consumers, rather than strictly controlling their choices, will save thousands of lives annually, increase consumer freedom, and make life more enjoyable.
Book Synopsis Rethinking Commonsense Psychology by : Matthew Ratcliffe
Download or read book Rethinking Commonsense Psychology written by Matthew Ratcliffe and published by Springer. This book was released on 2016-01-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers arguments against the view that interpersonal understanding involves a 'folk' or 'commonsense' psychology, a view which Ratcliffe suggests is a theoretically motivated abstraction. His alternative account draws on phenomenology, neuroscience and developmental psychology, exploring patterned interactions in shared social situations.
Book Synopsis The Reasonable Robot by : Ryan Abbott
Download or read book The Reasonable Robot written by Ryan Abbott and published by Cambridge University Press. This book was released on 2020-06-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that treating people and artificial intelligence differently under the law results in unexpected and harmful outcomes for social welfare.
Book Synopsis Statistical Rethinking by : Richard McElreath
Download or read book Statistical Rethinking written by Richard McElreath and published by CRC Press. This book was released on 2018-01-03 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statistical Rethinking: A Bayesian Course with Examples in R and Stan builds readers’ knowledge of and confidence in statistical modeling. Reflecting the need for even minor programming in today’s model-based statistics, the book pushes readers to perform step-by-step calculations that are usually automated. This unique computational approach ensures that readers understand enough of the details to make reasonable choices and interpretations in their own modeling work. The text presents generalized linear multilevel models from a Bayesian perspective, relying on a simple logical interpretation of Bayesian probability and maximum entropy. It covers from the basics of regression to multilevel models. The author also discusses measurement error, missing data, and Gaussian process models for spatial and network autocorrelation. By using complete R code examples throughout, this book provides a practical foundation for performing statistical inference. Designed for both PhD students and seasoned professionals in the natural and social sciences, it prepares them for more advanced or specialized statistical modeling. Web Resource The book is accompanied by an R package (rethinking) that is available on the author’s website and GitHub. The two core functions (map and map2stan) of this package allow a variety of statistical models to be constructed from standard model formulas.
Book Synopsis Rethinking Corporate Crime by : James Gobert
Download or read book Rethinking Corporate Crime written by James Gobert and published by Cambridge University Press. This book was released on 2003-03 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critiques the application of the current criminal law system to corporate wrongdoing and assesses the potential for legal control of corporate criminality.
Book Synopsis Crisis of Abundance by : Arnold S. Kling
Download or read book Crisis of Abundance written by Arnold S. Kling and published by Cato Institute. This book was released on 2006 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's health care troubles largely stem from a great success: modern medicine can do much more today than in the past. So what's the trouble? How to pay for it. In easily comprehensible prose, MIT-trained economist Arnold Kling explains better ways of financing health care for the poor, workers, the disabled, and the elderly. Kling predicts relying less on government and more on private savings would improve health outcomes. A must-read for health care reformers.
Book Synopsis Rethinking Federal Housing Policy by : Edward Ludwig Glaeser
Download or read book Rethinking Federal Housing Policy written by Edward Ludwig Glaeser and published by A E I Press. This book was released on 2008 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Federal Housing Policy: How to Make Housing Plentiful and Affordable, Edward L. Glaeser and Joseph Gyourko explain why housing is so expensive in some areas and outline a plan for making it more affordable.
Book Synopsis Rethinking Anti-Americanism by : Max Paul Friedman
Download or read book Rethinking Anti-Americanism written by Max Paul Friedman and published by Cambridge University Press. This book was released on 2012-08-27 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals how the concept of 'anti-Americanism' has been misused for over 200 years to stifle domestic dissent and dismiss foreign criticism.
Book Synopsis The Lies that Bind: Rethinking Identity by : Kwame Anthony Appiah
Download or read book The Lies that Bind: Rethinking Identity written by Kwame Anthony Appiah and published by Liveright Publishing. This book was released on 2018-08-28 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Washington Post Notable Book of the Year As seen on the Netflix series Explained From the best-selling author of Cosmopolitanism comes this revealing exploration of how the collective identities that shape our polarized world are riddled with contradiction. Who do you think you are? That’s a question bound up in another: What do you think you are? Gender. Religion. Race. Nationality. Class. Culture. Such affiliations give contours to our sense of self, and shape our polarized world. Yet the collective identities they spawn are riddled with contradictions, and cratered with falsehoods. Kwame Anthony Appiah’s The Lies That Bind is an incandescent exploration of the nature and history of the identities that define us. It challenges our assumptions about how identities work. We all know there are conflicts between identities, but Appiah shows how identities are created by conflict. Religion, he demonstrates, gains power because it isn’t primarily about belief. Our everyday notions of race are the detritus of discarded nineteenth-century science. Our cherished concept of the sovereign nation—of self-rule—is incoherent and unstable. Class systems can become entrenched by efforts to reform them. Even the very idea of Western culture is a shimmering mirage. From Anton Wilhelm Amo, the eighteenth-century African child who miraculously became an eminent European philosopher before retiring back to Africa, to Italo Svevo, the literary marvel who changed citizenship without leaving home, to Appiah’s own father, Joseph, an anticolonial firebrand who was ready to give his life for a nation that did not yet exist, Appiah interweaves keen-edged argument with vibrant narratives to expose the myths behind our collective identities. These “mistaken identities,” Appiah explains, can fuel some of our worst atrocities—from chattel slavery to genocide. And yet, he argues that social identities aren’t something we can simply do away with. They can usher in moral progress and bring significance to our lives by connecting the small scale of our daily existence with larger movements, causes, and concerns. Elaborating a bold and clarifying new theory of identity, The Lies That Bind is a ringing philosophical statement for the anxious, conflict-ridden twenty-first century. This book will transform the way we think about who—and what—“we” are.
