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Why People Obey the Law

Why People Obey the Law

Author: Tom R. Tyler

Publisher: Princeton University Press

ISBN: 9781400828609

Category: Law

Page: 320

View: 516

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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

The Psychology and Law of Criminal Justice Processes

The Psychology and Law of Criminal Justice Processes

Author: Roger J. R. Levesque

Publisher: Nova Publishers

ISBN: 1594543127

Category: Criminal justice, Administration of

Page: 746

View: 440

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Psychological science now reveals much about the law's response to crime. This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyses the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centres on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. The format seeks to give readers a feeling for the entire criminal justice process and for the role psychological science has and can play in it.

Legal Naturalism

Legal Naturalism

Author: Olufemi Taiwo

Publisher: Cornell University Press

ISBN: 9781501701733

Category: Law

Page: 228

View: 220

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Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"—law established by government institutions—in a Marxian framework.

Why Should We Obey the Law?

Why Should We Obey the Law?

Author: George Klosko

Publisher: John Wiley & Sons

ISBN: 9781509521241

Category: Philosophy

Page: 140

View: 627

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Whether we should obey the law is a question that affects everyone’s day-to-day life, from traffic laws to taxes. Most people obey out of habit, but the question remains: why are we morally required to do so? If we fail to obey, the state may enforce compliance, but is it right for it to do this, and if so, why? In this book, George Klosko, a renowned authority on political obligation, skillfully probes these questions. He considers various prominent theories of obligation and shows why they are unconvincing, contending that only an approach that interweaves multiple principles, rooted in "fair play," is fully persuasive. Klosko develops the fullest statement of his own well-known theory of political obligation while providing a clear overview of the subject. The result is both an essential introductory text for students of political theory and philosophy and a cutting-edge, original contribution to the debate.

Autonomy and Order

Autonomy and Order

Author: Edward W. Lehman

Publisher: Rowman & Littlefield

ISBN: 0847697037

Category: Communitarianism

Page: 276

View: 657

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This anthology of original essays by prominent political scientists, philosophers, and sociologists systematically advances our understanding of the movement's agenda. Using Amitiai Etzioni's The New Golden Rule as the guidepost for organizing 'conversations, ' the essays are structured around key questions that spring from Communitarian tenets

Intellectual Property and Information Wealth

Intellectual Property and Information Wealth

Author: Peter K. Yu

Publisher: Greenwood Publishing Group

ISBN: 027598883X

Category: Copyright

Page: 494

View: 435

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A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.

The Force of Law

The Force of Law

Author: Frederick Schauer

Publisher: Harvard University Press

ISBN: 9780674368217

Category: Law

Page: 256

View: 703

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Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Natural Law and the Nature of Law

Natural Law and the Nature of Law

Author: Jonathan Crowe

Publisher: Cambridge University Press

ISBN: 9781108498302

Category: History

Page: 275

View: 521

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Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.

Jury Duty

Jury Duty

Author: Michael Singer

Publisher: ABC-CLIO

ISBN: 9781440802690

Category: Law

Page: 257

View: 431

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Presents an accessible account of the origins and development of the jury system as well as a comprehensive, stage by stage description of a jury trial and of the sentencing procedure in a criminal trial. The work also provides a unique estimate of the cost of the jury system, which is particularly relevant in this continuing era of budget constraints.

Rebel Law

Rebel Law

Author: Frank Ledwidge

Publisher: Oxford University Press

ISBN: 9781849049238

Category: Law

Page:

View: 701

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In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and ensure that its decisions are carried out, for practical purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law examines this key weapon in the armory of insurgent groups, ranging from the Ireland of the 1920s, where the IRA sapped British power using 'Republican Tribunals' to today's 'Caliphate of Law' - the Islamic State, by way of Algeria in the 1950s and the Afghan Taliban. Frank Ledwidge tells how insurgent courts bleed legitimacy from government, decide cases and enforce judgments on the battlefield itself. Astute counterinsurgents, especially in "ungoverned space," can ensure that they retain the initiative. The book describes French, Turkish and British colonial "judicial strategy" and contrasts their experience with the chaos of more recent "stabilization operations" in Iraq and Afghanistan, drawing lessons for contemporary counterinsurgents. Rebel Law builds on his insights and shows that the courts themselves can be used as weapons for both sides in highly unconventional warfare.

Why People Cooperate

Why People Cooperate

Author: Tom R. Tyler

Publisher: Princeton University Press

ISBN: 9780691158006

Category: Psychology

Page: 228

View: 181

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Any organization's success depends upon the voluntary cooperation of its members. But what motivates people to cooperate? In Why People Cooperate, Tom Tyler challenges the decades-old notion that individuals within groups are primarily motivated by their self-interest. Instead, he demonstrates that human behaviors are influenced by shared attitudes, values, and identities that reflect social connections rather than material interests. Tyler examines employee cooperation in work organizations, resident cooperation with legal authorities responsible for social order in neighborhoods, and citizen cooperation with governmental authorities in political communities. He demonstrates that the main factors for achieving cooperation are socially driven, rather than instrumentally based on incentives or sanctions. Because of this, social motivations are critical when authorities attempt to secure voluntary cooperation from group members. Tyler also explains that two related aspects of group practices--the use of fair procedures when exercising authority and the belief by group members that authorities are benevolent and sincere--are crucial to the development of the attitudes, values, and identities that underlie cooperation. With widespread implications for the management of organizations, community regulation, and governance, Why People Cooperate illustrates the vital role that voluntary cooperation plays in the long-standing viability of groups.