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Rethinking the Reasonable Person

Rethinking the Reasonable Person
Author: Mayo Moran
Publisher: Oxford University Press, USA
Total Pages: 372
Release: 2003
Genre: Law
ISBN: 9780199247820

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The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.


The Limits of Blame

The Limits of Blame
Author: Erin I. Kelly
Publisher: Harvard University Press
Total Pages: 241
Release: 2018-11-12
Genre: Philosophy
ISBN: 0674980778

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Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration.


Rethinking Life and Death

Rethinking Life and Death
Author: Peter Singer
Publisher: Macmillan
Total Pages: 268
Release: 1996-04-15
Genre: Philosophy
ISBN: 9780312144012

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In a reassessment of the meaning of life and death, a noted philosopher offers a new definition for life that contrasts a world dependent on biological maintenance with one controlled by state-of-the-art medical technology.


The Law's Flaws

The Law's Flaws
Author: Larry Laudan
Publisher:
Total Pages: 228
Release: 2016-08-22
Genre: Law
ISBN: 9781848901995

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This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.


Rethinking Homework

Rethinking Homework
Author: Cathy Vatterott
Publisher: ASCD
Total Pages: 198
Release: 2018-09-25
Genre: Education
ISBN: 141662659X

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In this updated edition, Cathy Vatterott examines the role homework has played in the culture of schooling over the years; how such factors as family life, the media, and "homework gap" issues based on shifting demographics have affected the homework controversy; and what recent research as well as common sense tell us about the effects of homework on student learning. She also explores how the current homework debate has been reshaped by forces including the Common Core, a pervasive media and technology presence, the mass hysteria of "achievement culture," and the increasing shift to standards-based and formative assessment. The best way to address the homework controversy is not to eliminate homework. Instead, the author urges educators to replace the old paradigm (characterized by long-standing cultural beliefs, moralistic views, and behaviorist philosophy) with a new paradigm based on the following elements: Designing high-quality homework tasks; Differentiating homework tasks; Deemphasizing grading of homework; Improving homework completion; and Implementing homework support programs. Numerous examples from teachers and schools illustrate the new paradigm in action, and readers will find useful new tools to start them on their own journey. The end product is homework that works—for all students, at all levels.


Rethinking Criminal Law

Rethinking Criminal Law
Author: George P. Fletcher
Publisher: Oxford University Press
Total Pages: 927
Release: 2000-06-29
Genre: Law
ISBN: 0199881308

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This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.


The Reasonable Person

The Reasonable Person
Author: Valentin Jeutner
Publisher: Cambridge University Press
Total Pages: 217
Release: 2024-05-31
Genre: Law
ISBN: 1009445669

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Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.


Statistical Rethinking

Statistical Rethinking
Author: Richard McElreath
Publisher: CRC Press
Total Pages: 488
Release: 2018-01-03
Genre: Mathematics
ISBN: 1315362619

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Statistical Rethinking: A Bayesian Course with Examples in R and Stan builds readers’ knowledge of and confidence in statistical modeling. Reflecting the need for even minor programming in today’s model-based statistics, the book pushes readers to perform step-by-step calculations that are usually automated. This unique computational approach ensures that readers understand enough of the details to make reasonable choices and interpretations in their own modeling work. The text presents generalized linear multilevel models from a Bayesian perspective, relying on a simple logical interpretation of Bayesian probability and maximum entropy. It covers from the basics of regression to multilevel models. The author also discusses measurement error, missing data, and Gaussian process models for spatial and network autocorrelation. By using complete R code examples throughout, this book provides a practical foundation for performing statistical inference. Designed for both PhD students and seasoned professionals in the natural and social sciences, it prepares them for more advanced or specialized statistical modeling. Web Resource The book is accompanied by an R package (rethinking) that is available on the author’s website and GitHub. The two core functions (map and map2stan) of this package allow a variety of statistical models to be constructed from standard model formulas.


Reasonableness and Law

Reasonableness and Law
Author: Giorgio Bongiovanni
Publisher: Springer Science & Business Media
Total Pages: 462
Release: 2009-08-19
Genre: Philosophy
ISBN: 1402085001

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Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.


The Lies that Bind: Rethinking Identity

The Lies that Bind: Rethinking Identity
Author: Kwame Anthony Appiah
Publisher: Liveright Publishing
Total Pages: 256
Release: 2018-08-28
Genre: Philosophy
ISBN: 1631493841

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A Washington Post Notable Book of the Year As seen on the Netflix series Explained From the best-selling author of Cosmopolitanism comes this revealing exploration of how the collective identities that shape our polarized world are riddled with contradiction. Who do you think you are? That’s a question bound up in another: What do you think you are? Gender. Religion. Race. Nationality. Class. Culture. Such affiliations give contours to our sense of self, and shape our polarized world. Yet the collective identities they spawn are riddled with contradictions, and cratered with falsehoods. Kwame Anthony Appiah’s The Lies That Bind is an incandescent exploration of the nature and history of the identities that define us. It challenges our assumptions about how identities work. We all know there are conflicts between identities, but Appiah shows how identities are created by conflict. Religion, he demonstrates, gains power because it isn’t primarily about belief. Our everyday notions of race are the detritus of discarded nineteenth-century science. Our cherished concept of the sovereign nation—of self-rule—is incoherent and unstable. Class systems can become entrenched by efforts to reform them. Even the very idea of Western culture is a shimmering mirage. From Anton Wilhelm Amo, the eighteenth-century African child who miraculously became an eminent European philosopher before retiring back to Africa, to Italo Svevo, the literary marvel who changed citizenship without leaving home, to Appiah’s own father, Joseph, an anticolonial firebrand who was ready to give his life for a nation that did not yet exist, Appiah interweaves keen-edged argument with vibrant narratives to expose the myths behind our collective identities. These “mistaken identities,” Appiah explains, can fuel some of our worst atrocities—from chattel slavery to genocide. And yet, he argues that social identities aren’t something we can simply do away with. They can usher in moral progress and bring significance to our lives by connecting the small scale of our daily existence with larger movements, causes, and concerns. Elaborating a bold and clarifying new theory of identity, The Lies That Bind is a ringing philosophical statement for the anxious, conflict-ridden twenty-first century. This book will transform the way we think about who—and what—“we” are.