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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


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


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


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


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


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


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


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


Contextualizing the Lottery

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/9780198268253.003.0003
Subject:
Law, Philosophy of Law

While the lottery has never been adopted as a general social decision-making tool, it has, in the past, been used to resolve a fairly wide variety of matters. Yet, today, to seriously entertain the ... More


The Interpretation of Rules

FREDERICK SCHAUER

in Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198258315
eISBN:
9780191681844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258315.003.0009
Subject:
Law, Philosophy of Law

This chapter examines the roles of purpose and intention in the interpretation of rules from a rule-oriented perspective. It suggests that questions about the interpretation of rules are questions ... More


Deciding

in A History of Trust in Ancient Greece

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226405094
eISBN:
9780226405117
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226405117.003.0008
Subject:
Classical Studies, Ancient Greek, Roman, and Early Christian Philosophy

This chapter examines legal decision making in ancient Greece. It considers how the active, judging role of the audience in Athenian courts and assemblies has been obscured by the reduction of ... More


Domestic Secrets: Women and Property in Sweden, 1600-1857

Maria Agren

Published in print:
2009
Published Online:
July 2014
ISBN:
9780807833209
eISBN:
9781469604589
Item type:
book
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807898451_agren
Subject:
Law, Legal History

Between the seventeenth and nineteenth centuries, women's role in the Swedish economy was renegotiated and reconceptualized. This book chronicles changes in married women's property rights, revealing ... More


Law on Display: The Digital Transformation of Legal Persuasion and Judgment

Neal Feigenson and Christina Spiesel

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814727584
eISBN:
9780814728567
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814727584.001.0001
Subject:
Law, Philosophy of Law

Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are ... More


The Lawyer and the Lightning Rod

in Science in the Age of Sensibility: The Sentimental Empiricists of the French Enlightenment

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226720784
eISBN:
9780226720852
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226720852.003.0005
Subject:
History, History of Science, Technology, and Medicine

This chapter looks at the influence of moral authority of sentimental empiricism in the context of legal decision-making. The chapter tells the story of M. de Vissery de Bois-Valé of Saint-Omer, who, ... More


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