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This collection is the first book-length examination of the various
epistemological issues underlying legal trials. Trials are
centrally concerned with determining truth: whether a criminal
defendant has in fact culpably committed the act of which they are
accused, or whether a civil defendant is in fact responsible for
the damages alleged by the plaintiff. Truth is not, however, the
only epistemic value which seems relevant to how trials proceed. We
may think that a jury shouldn’t convict a defendant, even one who
is as a matter of fact guilty, unless its members know or at least
are justified in believing that the defendant committed the crime
in question. Similarly, we might reasonably assume that the trier
of fact must have some level of understanding to reach an adequate
verdict in any case, but legitimate questions arise as to what
level of understanding should be required. The essays collected in
this volume consider a range of epistemological issues raised by
trials, such as how much credence jurors should give to eyewitness
testimony, the admissibility and role of statistical evidence, and
the appropriate standards of proof in different contexts. The
Social Epistemology of Legal Trials will be of interest to scholars
and upper-level students working on issues at the intersection of
epistemology and philosophy of law.
This collection is the first book-length examination of the various
epistemological issues underlying legal trials. Trials are
centrally concerned with determining truth: whether a criminal
defendant has in fact culpably committed the act of which they are
accused, or whether a civil defendant is in fact responsible for
the damages alleged by the plaintiff. Truth is not, however, the
only epistemic value which seems relevant to how trials proceed. We
may think that a jury shouldn't convict a defendant, even one who
is as a matter of fact guilty, unless its members know or at least
are justified in believing that the defendant committed the crime
in question. Similarly, we might reasonably assume that the trier
of fact must have some level of understanding to reach an adequate
verdict in any case, but legitimate questions arise as to what
level of understanding should be required. The essays collected in
this volume consider a range of epistemological issues raised by
trials, such as how much credence jurors should give to eyewitness
testimony, the admissibility and role of statistical evidence, and
the appropriate standards of proof in different contexts. The
Social Epistemology of Legal Trials will be of interest to scholars
and upper-level students working on issues at the intersection of
epistemology and philosophy of law.
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The Ethics of Anger (Paperback)
Court D. Lewis, Gregory L. Bock; Contributions by Will Barnes, Gregory L. Bock, Charles L. Griswold, …
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R1,341
Discovery Miles 13 410
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Ships in 10 - 15 working days
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The Ethics of Anger provides the resources needed to understand the
prevalence of anger in relation to ethics, religion, social and
political behavior, and peace studies. Providing theoretical and
practical arguments, both for and against the necessity of anger,
The Ethics of Anger assembles a variety of diverse perspectives in
order to increase knowledge and bolster further research. Part one
examines topics such as the nature and ethics of vengeful anger and
the psychology of anger. Part two includes chapters on the
necessity of anger as central to our moral lives, an examination of
Joseph Butler's sermons on resentment, and three chapters that
explore anger within Confucianism, Buddhism, and other Eastern
religions. Part three examines the practical responses to anger,
offering several intriguing chapters on topics such as mind
viruses, social justice, the virtues of anger, feminism,
punishment, and popular culture. This book, edited by Court D.
Lewis and Gregory L. Bock, challenges and provides a framework for
how moral persons approach, incorporate, and/or exclude anger in
their lives.
People convicted of crimes are subject to a criminal sentence, but
they also face a host of other restrictive legal measures: Some are
denied access to jobs, housing, welfare, the vote, or other goods.
Some may be deported, may be subjected to continued detention, or
may have their criminal records made publicly accessible. These
measures are often more burdensome than the formal sentence itself.
In Beyond Punishment?, Zachary Hoskins offers a philosophical
examination of these burdensome legal measures, called collateral
legal consequences. Drawing on resources in moral, legal, and
political philosophy, Hoskins analyzes the various kinds of
collateral consequences imposed in different legal systems and the
important moral challenges they raise. Can collateral legal
consequences ever be justified as forms of criminal punishment or
as civil measures? Hoskins contends that, considered as forms of
punishment, such restrictions should be constrained by
considerations of proportionality and offender reform. He also
argues that they may in a limited range of cases be permissible as
risk-reductive civil measures. Whether considered as criminal
punishment or civil measures, however, collateral legal
consequences are justifiable in a far narrower range of cases than
we find in current legal practice. Considering just how pervasive
collateral legal consequences have become and their dramatic
effects on offenders' lives, Beyond Punishment? sheds valuable
light on whether these restrictive measures are ever morally
justified.
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The Ethics of Anger (Hardcover)
Court D. Lewis, Gregory L. Bock; Contributions by Will Barnes, Gregory L. Bock, Charles L. Griswold, …
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R3,826
Discovery Miles 38 260
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Ships in 10 - 15 working days
|
The Ethics of Anger provides the resources needed to understand the
prevalence of anger in relation to ethics, religion, social and
political behavior, and peace studies. Providing theoretical and
practical arguments, both for and against the necessity of anger,
The Ethics of Anger assembles a variety of diverse perspectives in
order to increase knowledge and bolster further research. Part one
examines topics such as the nature and ethics of vengeful anger and
the psychology of anger. Part two includes chapters on the
necessity of anger as central to our moral lives, an examination of
Joseph Butler’s sermons on resentment, and three chapters that
explore anger within Confucianism, Buddhism, and other Eastern
religions. Part three examines the practical responses to anger,
offering several intriguing chapters on topics such as mind
viruses, social justice, the virtues of anger, feminism,
punishment, and popular culture. This book, edited by Court D.
Lewis and Gregory L. Bock, challenges and provides a framework for
how moral persons approach, incorporate, and/or exclude anger in
their lives.
There is no more vivid example of a state's power over its citizens
than the criminal law. By criminalizing various behaviours, the
state sets boundaries on what we can and cannot do. And the
criminal law is in many ways unique in the harshness of its
sanctions. But traditional criminal law theory has for too long
focussed on the questions, "what is a crime?" and "what is the
justification of punishment?" The significance of the criminal law
extends beyond these questions; indeed, critical philosophical
questions underlie all aspects of the criminal justice system. The
criminal law engages us not just as offenders or potential
offenders, but also as victims, suspects, judges and jurors,
prosecutors and defenders-and as citizens. The authors in this
volume go beyond traditional questions to challenge our
conventional understandings of the criminal law. In doing so, they
draw from a number of disciplines including philosophy, history,
and social science.
There is no more vivid example of a state's power over its citizens
than the criminal law. By criminalizing various behaviours, the
state sets boundaries on what we can and cannot do. And the
criminal law is in many ways unique in the harshness of its
sanctions. But traditional criminal law theory has for too long
focussed on the questions, "what is a crime?" and "what is the
justification of punishment?" The significance of the criminal law
extends beyond these questions; indeed, critical philosophical
questions underlie all aspects of the criminal justice system. The
criminal law engages us not just as offenders or potential
offenders, but also as victims, suspects, judges and jurors,
prosecutors and defenders-and as citizens. The authors in this
volume go beyond traditional questions to challenge our
conventional understandings of the criminal law. In doing so, they
draw from a number of disciplines including philosophy, history,
and social science.
This anthology brings together legal and philosophical theorists to
examine the normative and conceptual foundations of international
criminal law. In particular, through these essays the international
group of authors addresses questions of state sovereignty; of
groups, rather than individuals, as perpetrators and victims of
international crimes; of international criminal law and the
promotion of human rights and social justice; and of what comes
after international criminal prosecutions, namely, punishment and
reconciliation. International criminal law is still an emerging
field, and as it continues to develop, the elucidation of clear,
consistent theoretical groundings for its practices will be
crucial. The questions raised and issues addressed by the essays in
this volume will aid in this important endeavor.
International Criminal Law and Philosophy is the first anthology to
bring together legal and philosophical theorists to examine the
normative and conceptual foundations of international criminal law.
In particular, through these essays the international group of
authors addresses questions of state sovereignty; of groups, rather
than individuals, as perpetrators and victims of international
crimes; of international criminal law and the promotion of human
rights and social justice; and of what comes after international
criminal prosecutions, namely, punishment and reconciliation.
International criminal law is still an emerging field, and as it
continues to develop, the elucidation of clear, consistent
theoretical groundings for its practices will be crucial. The
questions raised and issues addressed by the essays in this volume
will aid in this important endeavor.
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