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Legal theory and methods. Philosophy of law --- Law --- -Social norms --- -Decision making --- -Deciding --- Decision (Psychology) --- Decision analysis --- Decision processes --- Making decisions --- Management --- Management decisions --- Choice (Psychology) --- Problem solving --- Folkways --- Norms, Social --- Rules, Social --- Social rules --- Manners and customs --- Social control --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Decision making --- -Philosophy --- Philosophy --- Social norms --- Philosophy. --- Deciding --- Decision making&delete&
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Freedom of speech --- Freedom of speech. --- Free speech --- Liberty of speech --- Speech, Freedom of --- Law and legislation --- Civil rights --- Freedom of expression --- Assembly, Right of --- Freedom of information --- Intellectual freedom
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Can we justly generalize about members of a group on the basis of statistical tendencies of that group? Schauer argues that there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.
Stereotype (Psychology) --- Decision making. --- Judgment. --- Forecasting. --- Justice. --- Society. --- Injustice --- Conduct of life --- Law --- Common good --- Fairness --- Forecasts --- Futurology --- Prediction --- Judgement --- Knowledge, Theory of --- Language and languages --- Psychology --- Thought and thinking --- Wisdom --- Deciding --- Decision (Psychology) --- Decision analysis --- Decision processes --- Making decisions --- Management --- Management decisions --- Choice (Psychology) --- Problem solving --- Mental stereotypes --- Stereotyping (Social psychology) --- Social psychology --- Attitude (Psychology) --- Rigidity (Psychology) --- Decision making --- Stereotypes (Social psychology)
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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.
Duress (Law) --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Law and legislation --- Coercion --- Duress (Law). --- Coercion.
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In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.
Empiricism. --- Evidence (Law). --- Evidence. --- Prova (Dret) --- Dret --- Proof --- Belief and doubt --- Faith --- Logic --- Philosophy --- Truth --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel --- Experience --- Knowledge, Theory of --- Rationalism --- Filosofia del dret --- Filosofia jurídica --- Lleis --- Lleis (Filosofia) --- Teoria del dret --- Dret natural --- Jurisprudència --- Evidència (Dret) --- Testimoniatge (Prova) --- Accions i defenses (Dret) --- Interrogatori de testimonis --- Pràctica forense --- Pràctica processal --- Procediment judicial --- Psicologia forense --- Testimonis --- Filosofia --- Teoria --- Burden of Proof. --- Epistemology. --- Evidence and Public Policy. --- Expertise. --- Experts. --- Facts and Public Policy. --- Proof. --- Scientific Evidence. --- Testimony. --- Truth.
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"A noticeable shift in focus has occurred in public discourse from What is our best course of action? to What are the true facts of the situation? At the center of these debates are questions on the proper use of evidence, Legal scholar Schauer offers clarity based on how legal systems grapple with these questions-and by drawing insights from psychology, philosophy, economics, history, and decision theory"--
Evidence --- Empiricism --- Evidence (Law)
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