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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Commonsense Justice

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N.J. FinkelProfessor of Psychology, Georgetown University, USA

ISBN13: 9780674146709
ISBN: 0674146700
Published: November 1995
Publisher: Harvard University Press
Format: Hardback
Price: Out of print

Law is an essentially human endeavour, a collection of psychological theories about why people think, feel, and behave as they do, and when and why we should find some of them blameworthy and punishable. But is it independent of community sentiment, as some would contend? Or do juries bring the community's judgment to bear on the moral blameworthiness of the defendant? When jurors decide that the law is unfair, or the punishment inappropriate for a particular defendant, they have sometimes nullified the law-not to defeat legal authority but ""to perfect and complete"" it. In this book, Norman J. Finkel explores the relationship between the ""law on the books,"" as set down in the Constitution and developed in cases and decisions, and what he calls ""commonsense justice,"" the ordinary citizen's notions of what is just and fair.

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