Logic, Probability, and Presumptions in Legal Reasoning

Logic, Probability, and Presumptions in Legal Reasoning
Author: Scott Brewer
Publisher: Routledge
Total Pages: 368
Release: 2013-06-17
Genre: Philosophy
ISBN: 1135642818

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Acceptable Premises

Acceptable Premises
Author: James B. Freeman
Publisher: Cambridge University Press
Total Pages: 416
Release: 2004-12-20
Genre: Philosophy
ISBN: 9781139442435

When, if ever, is one justified in accepting the premises of an argument? What is the proper criterion of premise acceptability? Can the criterion be theoretically or philosophically justified? This is the first book to provide a comprehensive theory of premise acceptability and it answers the questions above from an epistemological approach that the author calls common sense foundationalism. It will be eagerly sought out not just by specialists in informal logic, critical thinking, and argumentation theory but also by a broader range of philosophers and those teaching rhetoric.

Shades of Freedom

Shades of Freedom
Author: A. Leon Higginbotham Jr.
Publisher: Oxford University Press
Total Pages: 353
Release: 1998-06-11
Genre: Social Science
ISBN: 0198028679

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Presumed Incompetent

Presumed Incompetent
Author: Gabriella GutiƩrrez y Muhs
Publisher: University Press of Colorado
Total Pages: 694
Release: 2012-06-15
Genre: Education
ISBN: 1457181223

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America.

Rules of Presumption and Statutory Interpretation, Litigation Tool E01.006

Rules of Presumption and Statutory Interpretation, Litigation Tool E01.006
Author: Sovereignty Education and Defense Ministry (SEDM)
Publisher: Sovereignty Education and Defense Ministry (SEDM)
Total Pages: 122
Release: 2018-02-22
Genre: Law
ISBN:

Use this form as an attachment to your pleadings when you are litigating against the government. It prevents abuses of presumption and "words of art" that will injure your rights.

Teaching the Tradition

Teaching the Tradition
Author: John J. Piderit
Publisher: Oxford University Press on Demand
Total Pages: 491
Release: 2012-02-14
Genre: Education
ISBN: 0199795304

The Catholic intellectual tradition is broad, and covers a wide array of academic disciplines. In their book, John Piderit, Melanie Morey, and their contributors take a disciplinary approach to the Catholic intellectual tradition. Each chapter focuses on one academic discipline or major that is taught at the undergraduate level in most colleges or universities, including English literature, political theory, psychology, business economics, and law.