Download Common Sense and Legal Judgment: Community Knowledge, Political Power, and Rhetorical Practice - Patricia Cochran file in ePub
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Sir brian leveson p, giving the judgment of the court, concluded at para. 26 that the nature of the sexual act was on any common-sense view, different where the complainant is deliberately deceived by the defendant into believing that the latter is male.
The supreme court's “common sense” judgments regarding the factors sufficient to establish reasonable suspicion for stops and frisks.
21) because “rigidity of legal dictates precludes the exercise of judgement at the time and place of the activity.
Divine law: 'on account of uncertainty of human judgment, especially on contingent and particular matters, different people.
Review of common sense and legal judgment: community knowledge, political power, and rhetorical practice (2017) by patricia cochran. Cochran provides a critical examination of common sense as an epistemological tool in legal reasoning and judicial decision-making using excerpts and illustrations from the writings of reid, gramsci, arendt, and nedelsky and selected canadian constitutional cases.
Common sense and legal judgment: community knowledge, political power, and rhetorical practice: cochran, patricia: 9780773550889: books - amazon.
7 early com- rule 56 permits a defendant to move for summary judgment on all or part of a claim.
Read common sense media's judgment review, age rating, and parents guide.
Common sense and legal judgment community knowledge, political power, and rhetorical practice by patricia cochran (2017, trade paperback).
Common sense and legal judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people.
Rationalism seeks to draft laws of such perfect clarity and detail that no exercise of individual judgment is required in their application or enforcement.
The meaning and consequences of “common sense” in legal judgment are more complex than might be anticipated. Unreflective reliance on common sense poses a significant threat to the quality and legitimacy of legal judgment. Common sense is rhetorically powerful and can be self-justifying.
Dec 3, 2020 the highly anticipated judgment on tuesday concerned legal action the decision was welcomed by some as a victory for common sense.
Sep 18, 2017 a dialogue on legal pragmatism and finding the “sensible” decision. Around by hook or by crook), i say fine—let's go with the commonsense solution. Allowed jurors to ask questions, and gave judgments (convicti.
Nov 11, 2020 lockdown laws leave no place for common sense or individual judgment. Stopping the spread of covid-19 is assumed to matter more than.
Common sense and legal judgment: community knowledge, political power, and rhetorical practice paperback – november 27, 2017 by patricia cochran (author).
Patricia cochran joined the faculty of law, university of victoria as assistant professor cochran's book, common sense and legal judgment: community.
Mar 27, 2021 b(1) an obligation (such as a debt) created by the decree of a court sense, common sense, judgment, wisdom mean ability to reach.
Arise out of arendt's view that judgment relies on a common sense professor of law, political science, and women's studies, university of toronto.
Those who lack common sense, critical judgment and a moral/ethical compass will eventually cause significant reputational harm to their organization, guest columnist stan silverman writes.
Nov 13, 2020 download citation judges, 'common sense' and judicial cognition unstructured judgment: dundrum-1 compared to court decisions.
Always use common sense and good critical judgment, even if it breaks the rules.
Making and the law: truth barriers, in 2 the wiley-blackwell handbook of judgment.
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