Common Sense And Legal Judgment

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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.

Product Details :

Genre : Law
Author : Patricia Cochran
Publisher : McGill-Queen's Press - MQUP
Release : 2017-11-27
File : 225 Pages
ISBN-13 : 9780773552326


Common Sense And Legal Judgment

eBook Download

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.

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Genre : Law
Author : Patricia Cochran
Publisher : McGill-Queen's Press - MQUP
Release : 2017-11-27
File : 273 Pages
ISBN-13 : 9780773552319


Commonsense Justice

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Norman J. Finkel explores the relationship between the law on the books, as set down in the Constitution and developed in cases and decisions, and what he calls commonsense justice, the ordinary citizen's notions of what is just and fair.

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Genre : Law
Author : Norman J. FINKEL
Publisher : Harvard University Press
Release : 2009-06-30
File : 401 Pages
ISBN-13 : 9780674036871


Good Judgment

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Courts are context-conscious. They solve legal disputes with societal impact in mind, using interpretive tools and procedural means. This book develops concepts and methods for a systematic and legally informative analysis of this complex process. The evidence delivered prompts a conversation about the authority courts have to change the law. The analysis focuses on the European Court of Justice and its free movement case law. The framework and theory, however, are relevant to courts and case law everywhere. This is a compelling and intriguing examination of the ECJ and its shaping of a key tenet of EU law.

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Genre : Law
Author : Urška Šadl
Publisher : Bloomsbury Publishing
Release : 2024-08-22
File : 231 Pages
ISBN-13 : 9781509968145


Cyclopaedia Of American Literature

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Genre : American literature
Author : Evert Augustus Duyckinck
Publisher :
Release : 1855
File : 428 Pages
ISBN-13 : HARVARD:32044094458411


Professional Judgment For Lawyers

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Written by the leading authority on legal decision making, Professional Judgment for Lawyers integrates empirical legal research, cognitive and social psychology, organizational behavior, legal ethics, and neuroscience to understand and improve decision making by attorneys, clients, judges, arbitrators, mediators, and juries.

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Genre : Law
Author : Randall Kiser
Publisher : Edward Elgar Publishing
Release : 2023-07-01
File : 475 Pages
ISBN-13 : 9781035314812


Common Sense In Early 18th Century British Literature And Culture

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While the popular talk of English common sense in the eighteenth century might seem a by-product of familiar Enlightenment discourses of rationalism and empiricism, this book argues that terms such as ‘common sense’ or ‘good sense’ are not simply synonyms of applied reason. On the contrary, the discourse of common sense is shaped by a defensive impulse against the totalizing intellectual regimes of the Enlightenment and the cultural climate of change they promote, in order to contain the unbounded discursive proliferation of modern learning. Hence, common sense discourse has a vital regulatory function in cultural negotiations of political and intellectual change in eighteenth-century Britain against the backdrop of patriotic national self-concepts. This study discusses early eighteenth-century common sense in four broad complexes, as to its discursive functions that are ethical (which at that time implies aesthetic as well), transgressive (as a corrective), political (in patriotic constructs of the nation), and repressive (of otherness). The selection of texts in this study strikes a balance between dominant literary culture – Swift, Pope, Defoe, Fielding, Johnson – and the periphery, such as pamphlets and magazine essays, satiric poems and patriotic songs.

Product Details :

Genre : Literary Criticism
Author : Christoph Henke
Publisher : Walter de Gruyter GmbH & Co KG
Release : 2014-10-14
File : 273 Pages
ISBN-13 : 9783110394979


Philosophy Of Private Law

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In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

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Genre : Law
Author : William Lucy
Publisher :
Release : 2007
File : 453 Pages
ISBN-13 : 9780198700685


Judgment Calls

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Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is inevitable, and others think it can be restrained by "strict constructionist" theories like textualism or originalism. But at bottom, both sorts of thinkers believe that judging has to be either tightly constrained and inflexible or purely political and unfettered: There is, they argue, no middle ground.Farber and Sherry disagree, and in this book they describe and defend that middle ground. They show how judging can be--and often is--both principled and flexible. In other words, they attempt to reconcile the democratic rule of law with the recognition that judges have discretion. They explain how judicial discretion can be exercised responsibly, describe the existing constraints that guide and cabin such discretion, and suggest improvements.In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion-writing, the use of precedent, the judicial selection process, the structure of the American judiciary, and the nature of legal education. They conclude with a careful look at how the Supreme Court has treated three of the most significant and sensitive constitutional issues: terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.

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Genre : Law
Author : Daniel A. Farber
Publisher : Oxford University Press
Release : 2009
File : 218 Pages
ISBN-13 : 9780195371208


The Science Of Legal Judgment

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Genre : Judgments
Author : James Ram
Publisher :
Release : 1834
File : 264 Pages
ISBN-13 : UBBS:UBBS-00003607