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Profiles, Probabilities, and Stereotypes

Author : Frederick Schauer
Publisher : Harvard University Press
Page : 376 pages
File Size : 11,75 MB
Release : 2009-07-01
Category : Law
ISBN : 0674043243

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This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? Frederick Schauer strives to analyze and resolve these prickly questions. When the law “thinks like an actuary”—makes decisions about groups based on averages—the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.

The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration

Author : Kai Purnhagen
Publisher : Springer Science & Business Media
Page : 452 pages
File Size : 42,14 MB
Release : 2013-06-26
Category : Law
ISBN : 9400765436

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This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.​

Documentary and Stereotypes

Author : Catalin Brylla
Publisher : Springer Nature
Page : 331 pages
File Size : 13,99 MB
Release : 2023-09-23
Category : Performing Arts
ISBN : 3031263723

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This book studies how documentaries, and factual media in general, can contribute to the reduction of social stigma and prejudice. It adopts models from social psychology, media studies and cultural studies and is intended for scholars and media makers who aim to increase social inclusion and diversity by deconstructing harmful boundaries between social groups. Such boundaries may be based on the stereotyping of ethnicity, culture, age, dis/ability, gender and sexual orientation, for example. The first part of the book outlines the functionality of stereotypes as essential processes for social cognition both in real life and during documentary viewing. The second part establishes a classification system for stigmatising media stereotypes and formulates a methodology based on critical discourse analysis to analyse them in narrative and audio-visual representations. The third and final part of the book conceptualises a set of methodologies to reduce stigmatising stereotypes. These methodologies are based on 1) representations that prompt perspectival alignment with screen characters, and 2) the perceived salience of multiple, intersecting social identities.

The Proof

Author : Frederick Schauer
Publisher : Harvard University Press
Page : 321 pages
File Size : 13,7 MB
Release : 2022-05-31
Category : Law
ISBN : 0674276256

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Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election-fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.

Suspect Race

Author : Jack Glaser
Publisher : Oxford University Press
Page : 281 pages
File Size : 13,57 MB
Release : 2014-11-07
Category : Psychology
ISBN : 0190253053

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Until now, most discussion of racial profiling has given only fleeting consideration of its causes. Those causes are overwhelmingly psychological. In Suspect Race, social psychologist and public policy expert Jack Glaser leverages a century's worth of social psychological research to provide a clear understanding of how stereotypes, even those operating outside of conscious awareness or control, can cause police to make discriminatory judgments and decisions about who to suspect, stop, question, search, use force on, and arrest. Glaser argues that stereotyping, even nonconscious stereotyping, is a completely normal human mental process, but that it leads to undesirable discriminatory outcomes. Police officers are normal human beings with normal cognition. They are therefore influenced by racial stereotypes that have long connected minorities with aggression and crime. Efforts to merely prohibit racial profiling are inadequate. Additionally, Glaser finds evidence that racial profiling can actually increase crime, and he considers the implications for racial profiling in counterterrorism, finding some similarities and some interesting differences with drug war profiling. Finally, he examines the policy landscape on which racial profiling resides and calls for improved data collection and supervision, reduced discretion, and increased accountability. Drawing on criminology, history, psychological science, and legal and policy analysis, Glaser offers a broad and deep assessment of the causes and consequence of racial profiling. Suspect Race brings to bear the vast scientific literature on intergroup stereotyping to offer the first in-depth and accessible understanding of the primary cause of racial profiling, and to explore implications for policy.

Profiling the European Citizen

Author : Mireille Hildebrandt
Publisher : Springer Science & Business Media
Page : 388 pages
File Size : 34,52 MB
Release : 2008-05-01
Category : Computers
ISBN : 1402069146

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In the eyes of many, one of the most challenging problems of the information society is that we are faced with an ever expanding mass of information. Based on the work done within the European Network of Excellence (NoE) on the Future of Identity in Information Society (FIDIS), a set of authors from different disciplinary backgrounds and jurisdictions share their understanding of profiling as a technology that may be preconditional for the future of our information society.

How Law Knows

Author : Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 244 pages
File Size : 42,83 MB
Release : 2007
Category : Law
ISBN : 9780804755252

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"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.

Spying Through a Glass Darkly

Author : Cécile Fabre
Publisher : Oxford University Press
Page : 264 pages
File Size : 28,45 MB
Release : 2022
Category : Espionage
ISBN : 0198833768

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CÃ(c)cile Fabre draws back the curtain on the ethics of espionage and counterintelligence. In a book rich with historical examples she argues that spying is only justified to protect against ongoing violations of fundamental rights. Blackmail, bribery, mass surveillance, cyberespionage, treason, and other nefarious activities are considered.

Data-Driven Personalisation in Markets, Politics and Law

Author : Uta Kohl
Publisher : Cambridge University Press
Page : 333 pages
File Size : 39,77 MB
Release : 2021-07-29
Category : Juvenile Nonfiction
ISBN : 1108835694

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This book critiques the use of algorithms to pre-empt personal choices in its profound effect on markets, democracy and the rule of law.

Security and Privacy

Author : John Kleinig
Publisher : ANU E Press
Page : 304 pages
File Size : 21,17 MB
Release : 2011-12-01
Category : Political Science
ISBN : 1921862580

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This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.