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Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Keith Hawkins

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199243891
eISBN:
9780191714184
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243891.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a book about the life of the legal system. Its object is to illustrate a way of thinking about decision-making using the example of prosecution cases in a regulatory agency. The study focuses ... More


Organizing Ideas

Keith Hawkins

in Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199243891
eISBN:
9780191714184
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243891.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter outlines the theoretical perspective informing the empirical analysis in the book. It covers the naturalistic character of the inquiry, the view taken of the nature of decision-making in ... More


Judging: Legal Cases and Moral Questions

Neil MacCormick

in Practical Reason in Law and Morality

Published in print:
2008
Published Online:
May 2009
ISBN:
9780198268772
eISBN:
9780191713071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268772.003.0011
Subject:
Law, Philosophy of Law

This chapter takes up an issue left hanging from earlier in the book: as autonomous moral agents, do we more resemble legislators or judges, so far as concerning some parallel with agencies of state? ... More


Introduction

Abdulaziz Sachedina

in Islamic Biomedical Ethics Principles and Application

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195378504
eISBN:
9780199869688
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195378504.003.0001
Subject:
Religion, Islam

The major objective of this chapter is to introduce the Islamic ethical discourse in the context of newly emerging field of bioethics in the Muslim world. What is critically needed in the Muslim ... More


Legal Interpretation and Intuitions of Public Policy

Joshua Furgeson and Linda Babcock

in Ideology, Psychology, and Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199737512
eISBN:
9780199918638
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199737512.003.0026
Subject:
Psychology, Social Psychology

Studies of actual judicial decisions and recent experimental work simulating legal decision-making reveal a strong relationship between ideology and judicial decisions. There is also preliminary ... More


A Map of Procedures

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter is a study of procedures: what they do and how they fit into a coherent picture. In their simplest form, procedures are the steps leading to a decision; they are the means for reaching a ... More


Persuasion in the Decision Making of U.S. Supreme Court Justices

Lawrence S. Wrightsman

in The Psychology of Judicial Decision Making

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195367584
eISBN:
9780199776917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367584.003.0004
Subject:
Psychology, Forensic Psychology

This chapter proposes that persuasion is more effective in influencing votes in certain types of cases than others. A distinction is made between ideological (i.e., hot-button issue) cases and ... More


Dicing with Justice

Neil Duxbury

in Random Justice: On Lotteries and Legal Decision-Making

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268253
eISBN:
9780191683466
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268253.003.0005
Subject:
Law, Philosophy of Law

This chapter explores the principal drawbacks which can attach to decision-making by lot. While the disadvantages of deciding by lot are numerous, they can be categorized in terms of four themes: ... More


Lotteries within Legal Frameworks

Neil Duxbury

in Random Justice: On Lotteries and Legal Decision-Making

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268253
eISBN:
9780191683466
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268253.003.0006
Subject:
Law, Philosophy of Law

This chapter outlines a fairly modest and distinctly provisional case for greater reliance on lotteries within specific (primarily legal) contexts. It seems reasonable to ask why anybody should opt ... More


From Christian Civilization to Individual Civil Liberties: Framing Religion in the Legal Field, 1880–1949

David Sikkink

in The Secular Revolution: Power, Interests, and Conflict in the Secularization of American Public Life

Published in print:
2003
Published Online:
May 2012
ISBN:
9780520230002
eISBN:
9780520936706
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520230002.003.0007
Subject:
Religion, Religious Studies

This chapter traces the journey of religion in American law from the nineteenth to the twentieth century. Through most of the nineteenth century, many judges used common law to insert community and ... More


The Neural Correlates of Third-Party Punishment

Joshua W. Buckholtz, Christopher L. Asplund, Paul E. Dux, David H. Zald, John C. Gore, Owen D. Jones, and René Marois

in Law and Neuroscience: Current Legal Issues Volume 13

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199599844
eISBN:
9780191725227
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599844.003.0008
Subject:
Law, Medical Law

Legal decision-making in criminal contexts includes two essential functions performed by impartial ‘third parties’: assessing responsibility and determining an appropriate punishment. This chapter ... More


Legal Reasoning and Legal Theory

Neil MacCormick

Published in print:
1994
Published Online:
March 2012
ISBN:
9780198763840
eISBN:
9780191695230
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763840.001.0001
Subject:
Law, Philosophy of Law

What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are ... More


Judging by Consequences

NEIL MacCORMICK

in Rhetoric and The Rule of Law: A Theory of Legal Reasoning

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199571246
eISBN:
9780191713064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571246.003.0006
Subject:
Law, Philosophy of Law

This chapter argues that a certain kind of consequentialist reasoning is of decisive importance in justifying legal decisions. Reasoning about the problems of relevancy and of interpretation, and ... More


Psychology as Reconstituted by Education and Law: The Case of Children with Autism

Michael King and Diane King

in Law and Psychology: Current Legal Issues Volume 9

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199211395
eISBN:
9780191695803
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211395.003.0022
Subject:
Law, Philosophy of Law

This chapter examines the way that legal decisions concerning the education of children with autism (and other special educational needs) are able to overcome any shortfalls in existing psychological ... More


The Study of Cases

A. W. Brian Simpson

in Leading Cases in the Common Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198262992
eISBN:
9780191682438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262992.003.0001
Subject:
Law, Legal History

This chapter begins with a brief discussion of the common law system. It then discusses the function of law reports, the invention of leading cases, iconoclastic theories of legal decision, ... More


Other Bases for Decision: Principles and Consequential Considerations

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0010
Subject:
Law, Philosophy of Law

This chapter explores further what judges do in common law cases when they decide in the absence of a controlling precedent or ask themselves whether to overrule or avoid a precedent that does appear ... More


Precedent: Importance and Context

Kent Greenawalt

in Statutory and Common Law Interpretation

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199756148
eISBN:
9780199979523
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756148.003.0008
Subject:
Law, Philosophy of Law

Because judges deciding common law cases have no authoritative statutory or constitutional text to guide them, they must rely on other sources: prior cases, or practices of courts or the legal ... More


The Spectre of Chance

Neil Duxbury

in Random Justice: On Lotteries and Legal Decision-Making

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268253
eISBN:
9780191683466
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268253.003.0002
Subject:
Law, Philosophy of Law

Chance offers no guarantee that one will get the outcome that one desires. Just as we can be its beneficiaries, so too we may be its victims. Luck rests at the foundation of our moral judgements: the ... More


Contemporary Ijtihad: Limits and Controversies

L. Ali Khan and Hisham M. Ramadan

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748641284
eISBN:
9780748653256
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748641284.001.0001
Subject:
Society and Culture, Middle Eastern Studies

The resurgence of Islam, geopolitical crises involving Muslim nations, violence associated with Islam and the immigration of millions of Muslims to Western countries have generated a strong interest ... More


Decision, Possession: The Time Of Law In The Winter’s Tale and The Sonnets

Bradin Cormack

in Shakespeare and the Law: A Conversation among Disciplines and Professions

Published in print:
2013
Published Online:
September 2013
ISBN:
9780226924939
eISBN:
9780226924946
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226924946.003.0003
Subject:
Literature, Shakespeare Studies

Shakespeare's The Winter's Tale is examined in this chapter in relation to how the play expresses the legal effects of the fundamental tension between a temporality of the instant and a temporality ... More


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