[PDF] The Psychology Of Tort Law eBook

Author : Jennifer K Robbennolt
Publisher : NYU Press
Page : 328 pages
File Size : 24,63 MB
Release : 2016-01-01
Category : Law
ISBN : 0814724809

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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform. The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.

Author : Monica K. Miller
Publisher : Springer
Page : 294 pages
File Size : 23,32 MB
Release : 2016-06-06
Category : Psychology
ISBN : 3319294067

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This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children’s participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.

Author : Eve M. Brank
Publisher : NYU Press
Page : 243 pages
File Size : 38,18 MB
Release : 2019-04-09
Category : Psychology
ISBN : 1479870765

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Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.

Author : Jennifer K. Robbennolt
Publisher : NYU Press
Page : 327 pages
File Size : 24,71 MB
Release : 2016
Category : Law
ISBN : 1479814180

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"This book explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, the authors examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law."--Page 4 of cover.

Author : Thomas Grisso
Publisher : Oxford University Press
Page : 257 pages
File Size : 40,12 MB
Release : 2018
Category : Law
ISBN : 019068870X

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"The Roots of Modern Psychology and Law: A Narrative History reveals how the field of psychology and law developed during the first decade following the founding of the American Psychology-Law Society"--

Author : David M. Engel
Publisher : Stanford University Press
Page : 550 pages
File Size : 22,67 MB
Release : 2009-04-24
Category : Law
ISBN : 0804771200

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Tort law, a fundamental building block of every legal system, features prominently in mass culture and political debates. As this pioneering anthology reveals, tort law is not simply a collection of legal rules and procedures, but a set of cultural responses to the broader problems of risk, injury, assignment of responsibility, compensation, valuation, and obligation. Examining tort law as a cultural phenomenon and a form of cultural practice, this work makes explicit comparisons of tort law across space and time, looking at the United States, Europe, and Asia in the nineteenth, twentieth, and twenty-first centuries. It draws on theories and methods from law, sociology, political science, and anthropology to offer a truly interdisciplinary, pathbreaking view. Ultimately, tort law, the authors show, nests within a larger web of relationships and shared discursive conventions that organize social life.

Author : Michael J. Saks
Publisher : NYU Press
Page : 339 pages
File Size : 16,73 MB
Release : 2016-01-22
Category : Law
ISBN : 0814783872

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Identifies and evaluates the psychological choices implicit in the rules of evidence Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

Author : David Canter
Publisher : Routledge
Page : 486 pages
File Size : 17,61 MB
Release : 2017-03-02
Category : Psychology
ISBN : 1351907875

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This important book captures contemporary attempts to build bridges between the two very different disciplines of law and psychology and to establish the true nature of the interaction between the two. Including international contributions from lawyers, psychologists, sociologists and criminologists, the book bridges the inherent gap between the practice of law and the profession of psychology at an international level. It throws light on how psychology connects with, inter alia, the courts, prisons, community care, clinics, long-stay hospitals, police investigations and legislative bodies. More recent contributions of social science to legal proceedings are also covered, such as the liability that arises from lack of crime prevention, or the systematic prediction of likely violence by an offender. The book will be essential reading not only for academics and professionals in psychology, the law and related disciplines wishing to understand the broadening base of psychology within the legal process, but also for students trying to form an understanding of the emerging science and the associated career opportunities for this exciting field.

Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
Page : 668 pages
File Size : 23,1 MB
Release : 2013-11-29
Category : Law
ISBN : 1781006172

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Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal

Author : Goran Dominioni
Publisher : Springer Nature
Page : 171 pages
File Size : 48,36 MB
Release : 2020-05-01
Category : Law
ISBN : 3658300809

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Goran Dominioni argues that research in behavioral economics, psychology, and neurosciences can offer novel insights on whether court decisions are accurate, non-discriminatory, and maximize social welfare. The author also shows that insights from these areas of research can help to improve trial outcomes if carefully applied to craft trial rules and practices. He covers central themes in behavioral law and economics, such as implicit racial biases, the fundamental attribution error, and gender-related biases.