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This collection embodies a debate that explores the tension between judging and understanding. It brings together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for understanding whether or not there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Where do you hope to go with your life, your career, and your relationships? How will you muster the energy to keep on keeping on, in the good times and the bad? What skills do you have to learn—and then use—to make sure you get the payoffs you really want in your professional life and your personal life? The problem with so many positive-thinking books and self-help routines is that they don’t give you the whole formula. The Payoff Principle gives you that formula—Purpose + Passion + Process = Payoff—and then works as your guidebook, teaching you how to apply the formula to achieve success at work, at home, and everywhere you go. When you find purpose in what you do, exhibit passion for the outcome, and master the process to make it happen, you produce the payoffs you want, need, and deserve. Plenty of people have done exactly that, whether consciously and deliberately or accidently and luckily. But, you don’t have to depend on luck anymore. You have a formula for getting what you want. You have a practical set of strategies guaranteed to deliver greater happiness and success than you’ve ever experienced. All you have to do now is read The Payoff Principle to learn how to implement the formula to experience the new-and-complete you.
How different are men and women's brains? Does altruism really exist? Are our minds blank slates at birth? And do dreams reveal our unconscious desires? If you have you ever grappled with these concepts, or tried your hand as an amateur psychologist, 50 Psychology Ideas You Really Need to Know could be just the book for you. Not only providing the answers to these questions and many more, this series of engaging and accessible essays explores each of the central concepts, as well as the arguments of key thinkers. Author Adrian Furnham offers expert and concise introductions to emotional behavior, cognition, mentalconditions--from stress to schizophrenia--rationality and personality development, amongst many others. This is a fascinating introduction to psychology for anyone interested in understanding the human mind.
Some passages of Scripture say, “Judge,” while others say, “Don’t judge.” Most Christians aren’t sure that they should judge anything, while others feel responsible to raise a moral standard but don’t know how much authority they have. Derek Prince cuts through the apparent conflict to answer such questions as: Who is authorized to judge? When is judgment called for? What are we authorized to judge? Where are the limits? Why does our attitude matter? In a world that turns its back on God while crying, “Don’t judge me,” Derek Prince weighs in with a scriptural affidavit for sound judgment.
RITA® Award-winning author Sarah MacLean reveals the identity of The Fallen Angel's final scoundrel in the spectacular conclusion to her New York Times bestselling Rules of Scoundrels series . . . By day, she is Lady Georgiana, sister to a duke, ruined before her first season in the worst kind of scandal. But the truth is far more shocking—in London's darkest corners, she is Chase, the mysterious, unknown founder of the city's most legendary gaming hell. For years, her double identity has gone undiscovered . . . until now. Brilliant, driven, handsome-as-sin Duncan West is intrigued by the beautiful, ruined woman who is somehow connected to a world of darkness and sin. He knows she is more than she seems, and he vows to uncover all of Georgiana's secrets, laying bare her past, threatening her present, and risking all she holds dear . . . including her heart.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
The sin of judging and the error of legalism cause many of the interpersonal conflicts we experience as believers. Plaguing many of our Christian institutions, from churches to schools to families, these problems sap our spiritual strength and weaken the work of God in our midst.This helpful book defines judging and legalism in a biblical manner and discusses two often-overlooked biblical commands: do not pass judgment before the time and do not exceed what is written (1 Cor. 4:5-6). Learning to identify and avoid these problems will help promote peace and joy in the body of Christ and release believers to serve God in the freedom of his grace! All Christians have, at one time or another, borne the brunt of inappropriate judging and the burden of legalism and will welcome this book.
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.