How law knows
著者
書誌事項
How law knows
(The Amherst series in law, jurisprudence, and social thought)
Stanford University Press, 2007
- : cloth
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
When citizens think about law's ways of knowing and about how legal officials gather information, assess factual claims, and judge people and situations, they are often confused by the seemingly arcane and constrained quality of the information-gathering, fact-evaluating procedures that legal officials employ or impose. Yet law's ways of knowing as varied as are the institutions and officials who populate any legal system.
From the rules of evidence to the technologies of risk management, from the practices of racial profiling to the development of trade knowledge, from the generation of independent knowledge practices to law's dependence on outside expertise, even a brief survey shows that law knows in many different ways, that its knowledge practices are contingent and responsive to context, and that they change over time.
目次
Contents contributors000 Complexity, Contingency, and Change in Law's Knowledge Practices: An Introduction000 austin sarat, lawrence douglas, and martha merrill umphrey with connor clarke "Fact" and the Proof of Fact in Anglo American Law c. 1500-1850000 barbara j. shapiro Theoretical and Methodological Issues in the Study of Legal Knowledge Practices000 mariana valverde Legal Realism as Psychological and Cultural (Not Political) Realism000 Donald Braman and Dan M. Kahan How Law Knows in the American Trial Court000 robert p. burns Fact-Finding in Constitutional Cases000 david l. faigman index000
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