This collection embodies a debate that explores the tension between judging and understanding. It brings together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for understanding whether or not there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
This collection embodies a debate that explores what could be characterised as the tension between judging and understanding. It seems that after a particular threshold of understanding of the basic facts leading to a given moral transgression, the more we understand the context and motives leading to crime, the more likely we are to abstain from harsh retributive judgement. Martha Nussbaum‘s essayEquity and Mercy included in this collection, is the philosophical starting point of this debate, and Bernhard Schlink‘s novel The Reader - a novel exploring the tension between judging and understanding, among other things - is used as a case study by most contributors. Some contributors, situated at one end of the spectrum of views represented in this collection, argue for the wholesale elimination of our practices of retribution in the light of the tension between judging and understanding, while contributors on the other side of the spectrum argue that the tension does not actually exist. A whole array of intermediate positions, including Nussbaum‘s, are represented. This anthology is comprised of nearly all specially commissioned essays bringing together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for properly understanding whether in fact there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Where do you hope to go with your life, your career, and your relationships? How will you muster the energy to keep on keeping on, in the good times and the bad? What skills do you have to learn—and then use—to make sure you get the payoffs you really want in your professional life and your personal life? The problem with so many positive-thinking books and self-help routines is that they don’t give you the whole formula. The Payoff Principle gives you that formula—Purpose + Passion + Process = Payoff—and then works as your guidebook, teaching you how to apply the formula to achieve success at work, at home, and everywhere you go. When you find purpose in what you do, exhibit passion for the outcome, and master the process to make it happen, you produce the payoffs you want, need, and deserve. Plenty of people have done exactly that, whether consciously and deliberately or accidently and luckily. But, you don’t have to depend on luck anymore. You have a formula for getting what you want. You have a practical set of strategies guaranteed to deliver greater happiness and success than you’ve ever experienced. All you have to do now is read The Payoff Principle to learn how to implement the formula to experience the new-and-complete you.
The unregenerate, whether in the church or in the world, seem to know one Scripture verse well: “Judge not that ye be not judged.” What most people, whether saved and lost, do not know is that Christians are commanded to judge. Many verses in the Bible tell Christians how to judge. This book will help believers to “judge righteous judgment” (Jn. 7:24) without being judgmental or coming under condemnation for obeying God in this essential matter of judging in the church.
“Gabrielle is the real thing. I respect her work immensely.” —Dr. Wayne Dyer “A new role model.” —The New York Times “I came to one of Bernstein’s monthly lectures and got my first look at the woman I’d one day unabashedly refer to as ‘my guru.’” —Elle From #1 New York Times bestselling author Gabrielle Bernstein comes a clear, proactive, step-by-step process to release the beliefs that hold you back from living a better life. This six-step practice offers many promises. Petty resentments will disappear, compassion will replace attack, the energy of resistance will transform into freedom and you’ll feel more peace and happiness than you’ve ever known. I can testify to these results because I’ve lived them. I’ve never felt more freedom and joy than I have when writing and practicing these steps. My commitment to healing my own relationship to judgment has changed my life in profound ways. My awareness of my judgment has helped me become a more mindful and conscious person. My willingness to heal these perceptions has set me free. I have been able to let go of resentments and jealousies, I can face pain with curiosity and love, and I forgive others and myself much more easily. Best of all, I have a healthy relationship to judgment so that I can witness when it shows up and I can use these steps to quickly return to love. The Judgment Detox is an interactive six-step process that calls on spiritual principles from the text A Course in Miracles, Kundalini yoga, the Emotional Freedom Technique (aka Tapping), meditation, prayer and metaphysical teachings. I’ve demystified these principles to make them easy to commit to and apply in your daily life. Each lesson builds upon the next to support true healing. When you commit to following the process and become willing to let go, judgment, pain and suffering will begin to dissolve. And the miracles will keep coming. Once you begin to feel better you start to release your resistance to love. The more you practice these steps, the more love enters into your consciousness and into your energetic vibration. When you’re in harmony with love, you receive more of what you want. Your energy attracts its likeness. So when you shift your energy from defensive judgment to free-flowing love your life gets awesome. You’ll attract exactly what you need, your relationships will heal, your health will improve and you’ll feel safer and more secure. One loving thought at a time creates a miracle. Follow these steps to clear all blocks, spread more love and live a miraculous life.
Some passages of Scripture say, “Judge,” while others say, “Don’t judge.” Most Christians aren’t sure that they should judge anything, while others feel responsible to raise a moral standard but don’t know how much authority they have. Derek Prince cuts through the apparent conflict to answer such questions as: Who is authorized to judge? When is judgment called for? What are we authorized to judge? Where are the limits? Why does our attitude matter? In a world that turns its back on God while crying, “Don’t judge me,” Derek Prince weighs in with a scriptural affidavit for sound judgment.
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Here at last is an introduction to film theory and its history without the jargon. Noted film scholar V. F. Perkins presents criteria for expanding our understanding and enjoyment of movies. He employs common sense words like balance, coherence, significance, and satisfaction to develop his insightful support of the subtle approach and of the unobtrusive director. Readers will learn why a scene from the humbler movie Carmen Jones is a deeper realization of filmmaking than the bravura lion sequence in the classic Battleship Potemkin. Along the way Perkins invites readers to re-experience with clarity, directness, and simplicity other famous scenes by directors like Hitchcock, Eisenstein, and Chaplin. Perkins examines the origins of movies and embraces their use of both realism and magic, their ability to record as well as to create. In the process he seeks to discover the synthesis between these opposing elements. With the delight of the fan and the perception of the critic, Perkins advances a film theory, based on the work of Bazin and other early film theorists, that is rich with suggestion for debate and further pursuit. Sit beside Perkins as he reacquaints you with cinema, heightens your awareness, deepens your pleasure, and increases your return every time you invest in a movie ticket.
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
