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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.
A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Argues that treating people and artificial intelligence differently under the law results in unexpected and harmful outcomes for social welfare.
Watch an interview with DJ on CNN Listen to Ralph Savarese's interview on NPR's "The Diane Rehm Show" Visit the book's website: www.reasonable-people.com "Why would someone adopt a badly abused, nonspeaking, six-year-old from foster care?" So the author was asked at the outset of his adoption-as-a-first-resort adventure. Part love story, part political manifesto about "living with conviction in a cynical time," the memoir traces the development of DJ, a boy written off as profoundly retarded and now, six years later, earning all "A's" at a regular school. Neither a typical saga of autism nor simply a challenge to expert opinion, Reasonable People illuminates the belated emergence of a self in language. And it does so using DJ's own words, expressed through the once discredited but now resurgent technique of facilitated communication. In this emotional page-turner, DJ reconnects with the sister from whom he was separated, begins to type independently, and explores his experience of disability, poverty, abandonment, and sexual abuse. "Try to remember my life," he says on his talking computer, and remember he does in the most extraordinarily perceptive and lyrical way. Asking difficult questions about the nature of family, the demise of social obligation, and the meaning of neurological difference, Savarese argues for a reasonable commitment to human possibility and caring.
Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present. The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms. The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.
BRAND NEW FOR 2019: A fully revised and updated edition of the quintessential guide to learning to negotiate effectively in every part of your life "A must read for everyone seeking to master negotiation. This newly updated classic just got even better."—Robert Cialdini, bestselling author of Influence and Pre-Suasion As director of the world-renowned Wharton Executive Negotiation Workshop, Professor G. Richard Shell has taught thousands of business leaders, lawyers, administrators, and other professionals how to survive and thrive in the sometimes rough-and-tumble world of negotiation. In the third edition of this internationally acclaimed book, he brings to life his systematic, step-by-step approach, built around negotiating effectively as who you are, not who you think you need to be. Shell combines lively stories about world-class negotiators from J. P. Morgan to Mahatma Gandhi with proven bargaining advice based on the latest research into negotiation and neuroscience. This updated edition includes: This updated edition includes: · An easy-to-take "Negotiation I.Q." test that reveals your unique strengths as a negotiator · A brand new chapter on reliable moves to use when you are short on bargaining power or stuck at an impasse · Insights on how to succeed when you negotiate online · Research on how gender and cultural differences can derail negotiations, and advice for putting relationships back on track
The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.