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Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
Christopher Dawson wrote The Judgment of the Nations in 1942, in the midst of the horrors of World War II.
One of the main themes that has emerged from behavioral decision research during the past three decades is the view that people's preferences are often constructed in the process of elicitation. This idea is derived from studies demonstrating that normatively equivalent methods of elicitation (e.g., choice and pricing) give rise to systematically different responses. These preference reversals violate the principle of procedure invariance that is fundamental to all theories of rational choice. If different elicitation procedures produce different orderings of options, how can preferences be defined and in what sense do they exist? This book shows not only the historical roots of preference construction but also the blossoming of the concept within psychology, law, marketing, philosophy, environmental policy, and economics. Decision making is now understood to be a highly contingent form of information processing, sensitive to task complexity, time pressure, response mode, framing, reference points, and other contextual factors.
What does pleasure have to do with morality? What role, if any, should intuition have in the formation of moral theory? If something is ‘simulated’, can it be immoral? This accessible and wide-ranging textbook explores these questions and many more. Key ideas in the fields of normative ethics, metaethics and applied ethics are explained rigorously and systematically, with a vivid writing style that enlivens the topics with energy and wit. Individual theories are discussed in detail in the first part of the book, before these positions are applied to a wide range of contemporary situations including business ethics, sexual ethics, and the acceptability of eating animals. A wealth of real-life examples, set out with depth and care, illuminate the complexities of different ethical approaches while conveying their modern-day relevance. This concise and highly engaging resource is tailored to the Ethics components of AQA Philosophy and OCR Religious Studies, with a clear and practical layout that includes end-of-chapter summaries, key terms, and common mistakes to avoid. It should also be of practical use for those teaching Philosophy as part of the International Baccalaureate. Ethics for A-Level is of particular value to students and teachers, but Fisher and Dimmock’s precise and scholarly approach will appeal to anyone seeking a rigorous and lively introduction to the challenging subject of ethics. Tailored to the Ethics components of AQA Philosophy and OCR Religious Studies.
Examines differences in taste between modern French classes, discusses the relationship between culture and politics, and outlines the strategies of pretension.
Public attention has focused in recent years on an array of technological risks to health, safety, and the environment. At the same time, responsibilities for technological risk as sessment, evaluation, and management have grown in both the public and private sectors because of a perceived need to anticipate, prevent, or reduce the risks inherent in modem society. In attempting to meet these responsibilities, legislative, judicial, regulatory, and private sector institutions have had to deal with the extraordinarily complex problems of assessing and balancing risks, costs, and benefits. The need to help society cope with technological risks has given rise to a new intellectual endeavor: the social and behavioral study of issues in risk evaluation and risk management. The scope and complexity of these analyses require a high degree of cooperative effort on the part of specialists from many fields. Analyzing social and behavioral issues requires the efforts of political scientists, sociologists, decision analysts, management scientists, econ omists, psychologists, philosophers, and policy analysts, among others.
In this book J. M. Balkin offers a strikingly original theory of cultural evolution, a theory that explains shared understandings, disagreement, and diversity within cultures. Drawing on many fields of study--including anthropology, evolutionary theory, cognitive science, linguistics, sociology, political theory, philosophy, social psychology, and law--the author explores how cultures grow and spread, how shared understandings arise, and how people of different cultures can understand and evaluate each other's views. Cultural evolution occurs through the transmission of cultural information and know-how--cultural software--in human minds, Balkin says. Individuals embody cultural software and spread it to others through communication and social learning. Ideology, the author contends, is neither a special nor a pathological form of thought but an ordinary product of the evolution of cultural software. Because cultural understanding is a patchwork of older imperfect tools that are continually adapted to solve new problems, human understanding is partly adequate and partly inadequate to the pursuit of justice. Balkin presents numerous examples that illuminate the sources of ideological effects and their contributions to injustice. He also enters the current debate over multiculturalism, applying his theory to problems of mutual understanding between people who hold different worldviews. He argues that cultural understanding presupposes transcendent ideals and shows how both ideological analysis of others and ideological self-criticism are possible.
Wilson appraises the influence of religion on various aspects of Southern culture.
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.