The Eyewitness, Psychology and the Law
Author: Brian L. Cutler,Steven D. Penrod
Publisher: Cambridge University Press
Examines traditional safeguards against mistaken eyewitness identification.
Author: Laura Nader
Publisher: Univ of California Press
Nader traces the evolution of the plaintiff's role in the United States in the second half of the twentieth century and convincingly argues that the atrophy of the plaintiff's power during this period undermines democracy.".
A Critical Introduction
Author: Andreas Kapardis
Publisher: Cambridge University Press
Fully revised and expanded, this third edition of Psychology and Law: A Critical Introduction is a discussion of contemporary debates at the interface between psychology and criminal law. Features new sections on restorative justice, police prejudice and discrimination, terrorism and profiling offenders. Other topics include critiques of eyewitness testimony, the role of the jury, sentencing as a human process, the psychologist as expert witness, persuasion in the courtroom, detecting deception, and psychology and the police. Each chapter is supported by case studies and further reading. Andreas Kapardis draws on sources from Europe, North America and Australia to provide an expert investigation of the subjectivity and human fallibility inherent in our systems of justice. He suggests ways for minimising undesirable influences on crucial judicial decision-making. International and broad-ranging, this book is the authoritative work on psycho-legal enquiry for students and professionals in psychology, law, criminology, social work and law enforcement.
Author: George Lakoff
Publisher: University of Chicago Press
Category: Language Arts & Disciplines
"Its publication should be a major event for cognitive linguistics and should pose a major challenge for cognitive science. In addition, it should have repercussions in a variety of disciplines, ranging from anthropology and psychology to epistemology and the philosophy of science. . . . Lakoff asks: What do categories of language and thought reveal about the human mind? Offering both general theory and minute details, Lakoff shows that categories reveal a great deal."—David E. Leary, American Scientist
Essays in Conversation with Judith Gardam
Author: Dale Stephens,Paul Babie
Publisher: University of Adelaide Press
By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.
When the Rule of Law is Illegal
Author: Ugo Mattei,Laura Nader
Publisher: John Wiley & Sons
Category: Social Science
Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?
Author: Jean d'Aspremont,Tarcisio Gazzini,André Nollkaemper,Wouter Werner
Publisher: Cambridge University Press
International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.
The Rise, Fall, and Deadly Persistence of the Product That Defined America
Author: Allan Brandt
Publisher: Basic Books
From agriculture to big business, from medicine to politics, The Cigarette Century is the definitive account of how smoking came to be so deeply implicated in our culture, science, policy, and law. No product has been so heavily promoted or has become so deeply entrenched in American consciousness. The Cigarette Century shows in striking detail how one ephemeral (and largely useless) product came to play such a dominant role in so many aspects of our lives—and deaths.
Author: Robert Cooter
Publisher: Princeton University Press
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
Author: James E. Fleming
Publisher: NYU Press
Category: Political Science
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
A Rhetorical Approach to the Science
Author: Linda L. Berger,Kathryn M. Stanchi
This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.
Interviews and Other Writings, 1977-1984
Author: Michel Foucault
Category: Social Science
Politics, Philosophy, Culture contains a rich selection of interviews and other writings by the late Michel Foucault. Drawing upon his revolutionary concept of power as well as his critique of the institutions that organize social life, Foucault discusses literature, music, and the power of art while also examining concrete issues such as the Left in contemporary France, the social security system, the penal system, homosexuality, madness, and the Iranian Revolution.
Author: Haig A. Bosmajian
Publisher: SIU Press
Category: Literary Criticism
While much has been written on the use of metaphor in literature and religion, science and philosophy, few articles and no books have discussed its function in legal opinions. To the public, judges handing down judicial decisions present arguments derived through rational discourse and literal language. Yet, as Judge Richard Posner has pointed out, "rhetorical power counts for a lot in law. Science, not to mention everyday thought, is influenced by metaphors. Why shouldn't law be?" Haig Bosmajian examines the crucial role of the trope--metaphors, personifications, metonymies--in argumentation and reveals the surprisingly important place that figurative, nonliteral language holds in judicial decision making. Focusing on the specific genre of the legal opinion, Professor Bosmajian discusses the question of why we have judicial opinions at all and the importance of style in them. He then looks at specific well-known figures of speech such as the "wall of separation between church and state," justice personified as a female, or the Constitution as "color-blind," explaining why they are not straight-forward statements of legal fact but examples of the ways tropes are used in legal language.
Author: Csaba Varga
Publisher: Akademiai Kiado
Legal philosopher Varga introduces readers to reasoning in law by leading them through the possibilities, boundaries, and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He seeks to reveal the actual processed hidden by the veil of patterns that are followed in thinking, processed that people encounter both in conceptual-logical quests for certainties and in the undertaking of fertilizing ambiguity. The original Hungarian Eloadasok a jogi gondolkad'e paradigmairol was published by Osiris, Budapest in 1999. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
The Postmodern Writing Program Administrator
Author: Sharon James Mcgee,Carolyn Handa
Publisher: Utah State University Press
The argument of this collection is that the cultural and intellectual legacies of postmodernism impinge, significantly and daily, on the practice of the Writing Program Administrator. WPAs work in spaces where they must assume responsibility for a multifaceted program, a diverse curriculum, instructors with varying pedagogies and technological expertise—and where they must position their program in relation to a university with its own conflicted mission, and a state with its unpredictable views of accountability and assessment. The collection further argues that postmodernism offers a useful lens through which to understand the work of WPAs and to examine the discordant cultural and institutional issues that shape their work. Each chapter tackles a problem local to its author’s writing program or experience as a WPA, and each responds to existing discord in creative ways that move toward rebuilding and redirection. It is a given that accepting the role of WPA will land you squarely in the bind between modernism and postmodernism: while composition studies as a field arguably still reflects a modernist ethos, the WPA must grapple daily with postmodern habits of thought and ways of being. The effort to live in this role may or may not mean that a WPA will adopt a postmodern stance; it does mean, however, that being a WPA requires dealing with the postmodern.
Author: Ruggero J. Aldisert
This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating