The Habits Of Legality
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| Author | : Francis A. Allen |
| Publisher | : Oxford University Press |
| Total Pages | : 169 |
| Release | : 1996-03-21 |
| Genre | : Social Science |
| ISBN | : 0195356497 |
The Habits of Legality provides a broad survey of American criminal justice in a time of troubles. It asks the central questions: In what degree are the justice system's functions guided by ascertainable legal norms? How accountable are public officials who wield the rigorous sanctions of the penal law? Where the habits of legality are weak, how can they be invigorated? A number of factors combine to constrict the rule of law in the criminal process. A crime epidemic of alarming proportions places enormous burdens on the system and gives rise to a "war on crime" that often oversteps the limits of legality. The institutional structure of the United States is severely fragmented, rendering coherent penal policy difficult or impossible and often freeing public officials of accountability for their uses of public authority. Even the courts and legislatures, the primary law-making agencies of society, often operate to weaken rather than strengthen the rule of law. Francis A. Allen asserts the vital and continuing importance of the legality principle to democratic societies, discusses how the habits of legality in American criminal justice can be strengthened, and demonstrates that a closer adherence to the rule of law may not only protect the rights of persons more efficiently, but also contribute to more rational and effective penal policy. The Habits of Legality offers solutions on how to revitalize the rule of law. It will be of interest to scholars and students of criminology and law, as well as the general reader concerned with issues of criminal justice.
| Author | : Francis Alfred Allen |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 9780197719275 |
This work provides a broad summary of American criminal justice in a time of great concern about solutions to the current crime epidemic. Allen suggests that the way to a more effective penal policy can be found by a closer adherence to the law rather than the current trend to bypass certain laws in the name of the "war on crime".
| Author | : William James |
| Publisher | : |
| Total Pages | : 26 |
| Release | : 1887 |
| Genre | : |
| ISBN | : |
| Author | : William James |
| Publisher | : Createspace Independent Publishing Platform |
| Total Pages | : 112 |
| Release | : 2017-05-18 |
| Genre | : |
| ISBN | : 9781546784678 |
"Habit is thus the enormous fly-wheel of society, its most precious conservative agent. It alone is what keeps us all within the bounds of ordinance, and saves the children of fortune from the envious uprisings of the poor. It alone prevents the hardest and most repulsive walks of life from being deserted by those brought up to tread therein. It keeps the fisherman and the deck-hand at sea through the winter; it holds the miner in his darkness, and nails the countryman to his logcabin and his lonely farm through all the months of snow; it protects us from invasion by the natives of the desert and the frozen zone. It dooms us all to fight out the battle of life upon the lines of our nurture or our early choice, and to make the best of a pursuit that disagrees, because there is no other for which we are fitted, and it is too late to begin again. It keeps different social strata from mixing. Already at the age of twenty-five you see the professional mannerism settling down on the young commercial traveler, on the young doctor, on the young minister, on the young counselor-at-law. You see the little lines of cleavage running through the character, the tricks of thought, the prejudices, the ways of the "shop" in a word, from which the man can by-and-by no more escape than his coat-sleeve can suddenly fall into a new set of folds. On the whole, it is best he should not escape. It is well for the world that in most of us, by the age of thirty, the character has set like plaster, and will never soften again..."
| Author | : Kate Seear |
| Publisher | : Routledge |
| Total Pages | : 182 |
| Release | : 2021-03-31 |
| Genre | : |
| ISBN | : 9780367727147 |
This book considers how largely accepted 'legal truths' about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and 'addiction', including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise 'addicted' realities, with a range of implications - many of them seemingly unjust - for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug 'addiction' emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding 'practices', the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies
| Author | : Stuart H. Brody |
| Publisher | : Berrett-Koehler Publishers |
| Total Pages | : 241 |
| Release | : 2019-01-15 |
| Genre | : Business & Economics |
| ISBN | : 1523098147 |
We are living in a time when dishonesty and duplicity are common in our public institutions, our workplaces, and even in our personal relationships. But by recognizing and resisting the small, seemingly inconsequential ways we make moral compromises in our own lives, we can repair the tear in our social and moral fabric. The Law of Small Things begins with an IQ (Integrity Quotient) test designed to reveal the casual way we regard our promises and the misconceptions we have about acting truthfully. The book shows how most people believe that integrity is something we “just have” and that we just do, like a Nike commercial. It depicts these and other deceptions we deploy to appear to act with integrity without actually doing so. The Law of Small Things also exposes how our culture encourages breaches of integrity through an array of “permitted promise-breaking,” a language of clichés that equates self-interest with duty, and the “illusion of inconsequence” that excuses small breaches with the breezy confidence that we can fulfill integrity when it counts. Brody challenges the prevailing notion that integrity is a possession you hold permanently. No one “has integrity” and no one is perfect in practicing it. What we have is the opportunity to uphold promises and fulfill duties in each situation that faces us, large and small. Integrity is a practice and a habit of keeping promises, the ones we make explicitly and the ones that are implied in all our relationships. Ultimately, developing skill in the practice of integrity leads us to knowledge of who we are--not in the way the culture defines us, but in the way we truly know ourselves to be.
| Author | : W.E. Conklin |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 370 |
| Release | : 2012-12-06 |
| Genre | : Philosophy |
| ISBN | : 9401008086 |
Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.
| Author | : Daniel Yazdani |
| Publisher | : Talbot Publishing |
| Total Pages | : 322 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 9781616195854 |
Until The Habit of a Judge, there has never been a book that offers a comprehensive history of Judges' robes and court attire in England and Wales, and its adoption in Australian courts since colonisation. Richly illustrated with hundreds of colour images dating from the 12th century to the present, The Habit of a Judge invitingly portrays the fascinating world of judicial and legal dress. xvii, 303 pp. 322 illustrations. Talbot Publishing, an imprint of The Lawbook Exchange, Ltd.
| Author | : William James |
| Publisher | : Andesite Press |
| Total Pages | : 20 |
| Release | : 2015-08-08 |
| Genre | : History |
| ISBN | : 9781296510282 |
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
| Author | : Marybeth Herald |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Cognitive learning |
| ISBN | : 9781611632262 |
Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards
