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Author: Patricia Cochran Publisher: McGill-Queen's Press - MQUP ISBN: 0773552316 Category : Law Languages : en Pages :
Book Description
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.
Author: Patricia Cochran Publisher: McGill-Queen's Press - MQUP ISBN: 0773552316 Category : Law Languages : en Pages :
Book Description
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.
Author: Philip K. Howard Publisher: Random House Trade Paperbacks ISBN: 0812982746 Category : Law Languages : en Pages : 258
Book Description
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.
Author: Philip K. Howard Publisher: Random House ISBN: 0679644105 Category : Law Languages : en Pages : 258
Book Description
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.
Author: Norman J. FINKEL Publisher: Harvard University Press ISBN: 0674036875 Category : Law Languages : en Pages : 401
Book Description
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.
Author: Eugene Borgida Publisher: John Wiley & Sons ISBN: 9780470695692 Category : Psychology Languages : en Pages : 448
Book Description
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
Author: Philip K. Howard Publisher: W. W. Norton & Company ISBN: 1324001771 Category : Political Science Languages : en Pages : 160
Book Description
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.
Author: Sheila Jasanoff Publisher: Routledge ISBN: 1136288406 Category : Business & Economics Languages : en Pages : 306
Book Description
This collection of essays by Sheila Jasanoff explores how democratic governments construct public reason, that is, the forms of evidence and argument used in making state decisions accountable to citizens. The term public reason as used here is not simply a matter of deploying principled arguments that respect the norms of democratic deliberation. Jasanoff investigates what states do in practice when they claim to be reasoning in the public interest. Reason, from this perspective, comprises the institutional practices, discourses, techniques and instruments through which governments claim legitimacy in an era of potentially unbounded risks—physical, political, and moral. Those legitimating efforts, in turn, depend on citizens’ acceptance of the forms of reasoning that governments offer. Included here therefore is an inquiry into the conditions that lead citizens of democratic societies to accept policy justification as being reasonable. These modes of public knowing, or “civic epistemologies,” are integral to the constitution of contemporary political cultures. Methodologically, the book is grounded in the field of Science and Technology Studies (STS). It uses in-depth qualitative studies of legal and political practices to shed light on divergent cross-cultural constructions of public reason and the reasoning political subject. The collection as a whole contributes to democratic theory, legal studies, comparative politics, geography, and ethnographies of modernity, as well as STS.
Author: Sophia Rosenfeld Publisher: Harvard University Press ISBN: 0674057813 Category : History Languages : en Pages : 362
Book Description
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.
Author: Patricia Cochran
Author: Patricia Cochran
Author: Philip K. Howard
Author: Philip K. Howard
Author: Norman J. FINKEL
Author: Eugene Borgida
Author: Philip K. Howard
Author: Sir Paul Vinogradoff
Author: Sheila Jasanoff
Author: Paul Vinogradoff
Author: Sophia Rosenfeld