Browse Results

Showing 30,426 through 30,450 of 36,730 results

The ISO 14000 EMS Audit Handbook

by Greg Johnson

The ISO 14000 EMS Audit Handbook is an innovative and cost-effective approach for the Environmental Management System (EMS) audit to ISO 14001. The Handbook presents comprehensive strategies for conducting all phases of the EMS audit, including effective assessment processes for determining improved environmental performance.

The Idea of Authorship in Copyright (Applied Legal Philosophy)

by Lior Zemer

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.

The Idea of Evil

by Peter Dews

This timely book by philosopher Peter Dews explores the idea of evil, one of the most problematic terms in the contemporary moral vocabulary. Surveys the intellectual debate on the nature of evil over the past two hundred years Engages with a broad range of discourses and thinkers, from Kant and the German Idealists, via Schopenhauer and Nietzsche, to Levinas and Adorno Suggests that the concept of moral evil touches on a neuralgic point in western culture Argues that, despite the widespread abuse and political manipulation of the term ‘evil’, we cannot do without it Concludes that if we use the concept of evil, we must acknowledge its religious dimension

The Idea of Human Rights

by Charles R. Beitz

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, Charles Beitz takes a practical approach, looking at the history and political practice of human rights for guidance in understanding the central idea. Betiz presents a model of human rights as matters of international concern whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases--rights against poverty, rights to democracy, and the human rights of women.

The Idea of Humanity: Anthropology and Anthroponomy in Kant's Ethics (Studies In Ethics)

by David G Sussman

Examining the significance of Kant's account of "rational faith," this study argues that he profoundly revises his account of the human will and the moral philosophy of it in his later religious writings.First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

The Idea of Justice

by Amartya Sen

Social justice: an ideal, forever beyond our grasp; or one of many practical possibilities? More than a matter of intellectual discourse, the idea of justice plays a real role in how—and how well—people live. And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political thinking, has long left practical realities far behind. The transcendental theory of justice, the subject of Sen’s analysis, flourished in the Enlightenment and has proponents among some of the most distinguished philosophers of our day; it is concerned with identifying perfectly just social arrangements, defining the nature of the perfectly just society. The approach Sen favors, on the other hand, focuses on the comparative judgments of what is “more” or “less” just, and on the comparative merits of the different societies that actually emerge from certain institutions and social interactions. At the heart of Sen’s argument is a respect for reasoned differences in our understanding of what a “just society” really is. People of different persuasions—for example, utilitarians, economic egalitarians, labor right theorists, no­-nonsense libertarians—might each reasonably see a clear and straightforward resolution to questions of justice; and yet, these clear and straightforward resolutions would be completely different. In light of this, Sen argues for a comparative perspective on justice that can guide us in the choice between alternatives that we inevitably face.

The Idea of Justice

by Amartya Sen

Created by the continuous feedback of a "student-tested, faculty-approved" process, RELG: WORLD, Second Edition, delivers a visually appealing and succinct print component, tear-out review cards, and a consistent online offering with CourseMate that includes an eBook and a set of interactive digital tools--all at a value-based price. This book frames different religions as encounters between the religions' adherents and individuals who are much like readers, making the subject come alive. The eBook includes numerous annotated links to videos, audio, Google Earth(tm) explorations, and primary sources.

The Idea of Natural Rights: Studies on Natural Rights, Natural Law and Church Law, 1150-1625

by Brian Tierney

. " . . a compelling historical account of natural rights. . . . That Tierney brings to his historical task a thorough acquaintance with major contemporary theories of moral and legal rights gives his work additional value for ethicists. " - Religious Studies Review . " . . a tour de force of integration and learning. . . . It is a synthesis that will become the required starting point in all future efforts to write about the history of rights. " - Studia canonica This series, originally published by Scholars Press and now available from Eerdmans, is intended to foster exploration of the religious dimensions of law, the legal dimensions of religion, and the interaction of legal and religious ideas, institutions, and methods. Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

The Idea of Prison Abolition (Carl G. Hempel Lecture Series #13)

by Tommie Shelby

An incisive and sympathetic examination of the case for ending the practice of imprisonmentDespite its omnipresence and long history, imprisonment is a deeply troubling practice. In the United States and elsewhere, prison conditions are inhumane, prisoners are treated without dignity, and sentences are extremely harsh. Mass incarceration and its devastating impact on black communities have been widely condemned as neoslavery or &“the new Jim Crow.&” Can the practice of imprisonment be reformed, or does justice require it to be ended altogether? In The Idea of Prison Abolition, Tommie Shelby examines the abolitionist case against prisons and its formidable challenge to would-be prison reformers.Philosophers have long theorized punishment and its justifications, but they haven&’t paid enough attention to incarceration or its related problems in societies structured by racial and economic injustice. Taking up this urgent topic, Shelby argues that prisons, once reformed and under the right circumstances, can be legitimate and effective tools of crime control. Yet he draws on insights from black radicals and leading prison abolitionists, especially Angela Davis, to argue that we should dramatically decrease imprisonment and think beyond bars when responding to the problem of crime.While a world without prisons might be utopian, The Idea of Prison Abolition makes the case that we can make meaningful progress toward this ideal by abolishing the structural injustices that too often lead to crime and its harmful consequences.

The Idea of a Moral Economy: Gerard of Siena on Usury, Restitution, and Prescription

by Lawrin Armstrong

The Idea of a Moral Economy is the first modern edition and English translation of three questions disputed at the University of Paris in 1330 by the theologian Gerard of Siena. The questions represent the most influential late medieval formulation of the natural law argument against usury and the illicit acquisition of property. Together they offer a particularly clear example of scholastic ideas about the nature and purpose of economic activity and the medieval concept of a moral economy.In his introduction, editor Lawrin Armstrong discusses Gerard's arguments and considers their significance both within the context of scholastic philosophy and law and as a critique of contemporary mainstream economics. His analysis demonstrates how Gerard's work is not only a valuable source for understanding economic thought in pre-modern Europe, but also a fertile resource for scholars of law, economics, and philosophy in medieval Europe and beyond.

The Idea of the Holy: An Inquiry into the Non-Rational Factor in the Idea of the Divine and Its Relation to the Rational

by John Harvey Rudolf Otto

Rudolf Otto's classic The Idea of the Holy brims with deep theological and philosophical insights into the theory of religion and spiritual belief in God. As both a theologian and a philosopher, Otto was fascinated by how the rational and non-rational interact and interplay with regard to humanity's religious beliefs. This investigation determines that valid, non-rational experiences are as poignant in the development of knowledge - yet how do we quantify and apportion value to various rational arguments for faith, and the experiences so many believers have had over the millennia? <p> The author delves into these arguments, and valiantly attempts to determine how the divine interacts with various emotions. He coins the term 'numinous' from the root word 'numen', to denote an emotional state of consciousness apt to receive spiritual insight. The many emotions and attuning of the soul to God falls under the designation, and it proved to be one of the most important ideas Otto would ever advance. <p> The Idea of the Holy remains an important text for students of both philosophy and religion, as well as spiritually inclined readers. Although Christian believers will profit from its concepts and deep discussion of spiritual matters, those of a different faith or of none often come to respect the intricacy and depth with which Otto explains and qualifies his theology in rational and non-rational terms. This edition contains the text of the original first translation to English of 1923 by John W. Harvey, who strived to preserve the clarity, concision and poise of Otto's lessons. Since the book was originally published in German in 1918, it has been translated into over twenty different languages.

The Ideal of Nature: Debates about Biotechnology and the Environment

by Gregory E. Kaebnick

Going back at least to the writings of John Stuart Mill and Jean-Jacques Rousseau, people have argued for and against maintaining a state of nature. Is there an inherent virtue in leaving alone a naturally occurring condition, or does the human species thrive when we find ways to improve our circumstances? This volume probes whether "nature" and "the natural" are capable of guiding moral deliberations in policy making.Drawing on philosophy, religion, and political science, this book examines three questions central to debates over the idea of "nature" in human action. Conceptually, it asks what the term means, how it should be considered, and if it is, even in part, a social construct. From a moral perspective, the contributors question if being "natural" is itself of value or if its worth is only as a means to advance other morally acceptable ends. Politically, essays discuss whether appeals to nature can and should affect public policy and, if so, whether they are moral trump cards or should instead be fitted alongside or weighed against other concerns. Achieving consensus on these questions has proven elusive and seems unattainable. This should not, however, be an obstacle to moving the debate forward. By bringing together disparate approaches to addressing these concepts, The Ideal of Nature suggests the possibility of intermediate positions that move beyond the usual full-throated defense and blanket dismissal found in much of the debate. Scholars of bioethics, environmental philosophy, religious studies, sociology, public policy, and political theory will find much merit in this book’s lively discussion.

The Ideal of Nature: Debates about Biotechnology and the Environment

by Gregory E. Kaebnick

In this provocative anthology, scholars consider the meaning and merits of “nature” in debates about biotechnology and the environment.Drawing on philosophy, religion, and political science, this book asks what the term “nature” means, how it should be considered, and if it is—even in part—a social construct. The contributors question if the quality of being “natural” is intrinsically valuable. They also discuss whether appeals to nature can and should affect public policy and, if so, whether they are moral trump cards or should instead be weighed against other concerns.Though consensus on these questions remains elusive, this should not be an obstacle to moving the debate forward. By bringing together disparate approaches to addressing these concepts, The Ideal of Nature suggests the possibility of intermediate positions that move beyond the usual full-throated defense and blanket dismissal found in much of the debate. Scholars of bioethics, environmental philosophy, religious studies, sociology, public policy, and political theory will find much merit in this book’s lively discussion.

The Idealist

by Justin Peters

A smart, lively history of the Internet free culture movement and its larger effects on society--and the life and shocking suicide of Aaron Swartz, a founding developer of Reddit and Creative Commons--from Slate correspondent Justin Peters.Aaron Swartz was a zealous young advocate for the free exchange of information and creative content online. He committed suicide in 2013 after being indicted by the government for illegally downloading millions of academic articles from a nonprofit online database. From the age of fifteen, when Swartz, a computer prodigy, worked with Lawrence Lessig to launch Creative Commons, to his years as a fighter for copyright reform and open information, to his work leading the protests against the Stop Online Piracy Act (SOPA), to his posthumous status as a cultural icon, Swartz's life was inextricably connected to the free culture movement. Now Justin Peters examines Swartz's life in the context of 200 years of struggle over the control of information. In vivid, accessible prose, The Idealist situates Swartz in the context of other "data moralists" past and present, from lexicographer Noah Webster to ebook pioneer Michael Hart to NSA whistleblower Edward Snowden. In the process, the book explores the history of copyright statutes and the public domain; examines archivists' ongoing quest to build the "library of the future"; and charts the rise of open access, copyleft, and other ideologies that have come to challenge protectionist IP policies. Peters also breaks down the government's case against Swartz and explains how we reached the point where federally funded academic research came to be considered private property, and downloading that material in bulk came to be considered a federal crime. The Idealist is an important investigation of the fate of the digital commons in an increasingly corporatized Internet, and an essential look at the impact of the free culture movement on our daily lives and on generations to come.

The Idealist: Aaron Swartz and the Rise of Free Culture on the Internet

by Justin Peters

This smart, “riveting” (Los Angeles Times) history of the Internet free culture movement and its larger effects on society—and the life and shocking suicide of Aaron Swartz, a founding developer of Reddit and Creative Commons—written by Slate correspondent Justin Peters “captures Swartz flawlessly” (The New York Times Book Review).Aaron Swartz was a zealous young advocate for the free exchange of information and creative content online. He committed suicide in 2013 after being indicted by the government for illegally downloading millions of academic articles from a nonprofit online database. From the age of fifteen, when Swartz, a computer prodigy, worked with Lawrence Lessig to launch Creative Commons, to his years as a fighter for copyright reform and open information, to his work leading the protests against the Stop Online Piracy Act (SOPA), to his posthumous status as a cultural icon, Swartz’s life was inextricably connected to the free culture movement. Now Justin Peters examines Swartz’s life in the context of 200 years of struggle over the control of information. In vivid, accessible prose, The Idealist situates Swartz in the context of other “data moralists” past and present, from lexicographer Noah Webster to ebook pioneer Michael Hart to NSA whistleblower Edward Snowden. In the process, the book explores the history of copyright statutes and the public domain; examines archivists’ ongoing quest to build the “library of the future”; and charts the rise of open access, the copyleft movement, and other ideologies that have come to challenge protectionist intellectual property policies. Peters also breaks down the government’s case against Swartz and explains how we reached the point where federally funded academic research came to be considered private property, and downloading that material in bulk came to be considered a federal crime. The Idealist is “an excellent survey of the intellectual property battlefield, and a sobering memorial to its most tragic victim” (The Boston Globe) and an essential look at the impact of the free culture movement on our daily lives and on generations to come.

The Ideals of Global Sport: From Peace to Human Rights (Pennsylvania Studies in Human Rights)

by Barbara Keys

"Sport has the power to change the world," South African president Nelson Mandela told the Sporting Club in Monte Carlo in 2000. Today, we are inundated with similar claims—from politicians, diplomats, intellectuals, journalists, athletes, and fans—about the many ways that international sports competitions make the world a better place. <P><P> Promoters of the Olympic Games and similar global sports events have spent more than a century telling us that these festivals offer a multitude of "goods": that they foster friendship and mutual understanding among peoples and nations, promote peace, combat racism, and spread democracy. <P><P>In recent years boosters have suggested that sports mega-events can advance environmental protection in a world threatened by climate change, stimulate economic growth and reduce poverty in developing nations, and promote human rights in repressive countries. If the claims are to be believed, sport is the most powerful and effective form of idealistic internationalism on the planet.The Ideals of Global Sport investigates these grandiose claims, peeling away the hype to reveal the reality: that shockingly little evidence underpins these endlessly repeated assertions. <P><P>The essays, written by scholars from many regions and disciplines and drawn from an exceptionally diverse array of sources, show that these bold claims were sometimes cleverly leveraged by activist groups to pressure sports bodies into supporting moral causes. But the essays methodically debunk sports organizations' inflated proclamations about the record of their contributions to peace, mutual understanding, antiracism, and democracy. <P><P>Exposing enduring shortcomings in the newer realm of human rights protection, from the 1980 Moscow Olympic Games to Brazil's 2014 World Cup and the 2016 Rio Olympics, The Ideals of Global Sport suggests that sport's idealistic pretensions can have distinctly non-idealistic side effects, distracting from the staggering financial costs of hosting the events, serving corporate interests, and aiding the spread of neoliberal globalization. <P><P>Contributors: Jules Boykoff, Susan Brownell, Roland Burke, Simon Creak, Dmitry Dubrovsky, Joon Seok Hong, Barbara J. Keys, Renate Nagamine, João Roriz, Robert Skinner.

The Identification, Assessment, and Treatment of Adults Who Abuse Animals

by Kenneth Shapiro Antonia J. Z. Henderson

This book provides step-by-step guidance on how to identify, assess and treat adults who have abused animals. The theoretical framework employed is broad, encompassing cognitive behavioral, psychodynamic, attachment, and trauma-based theories. Organized by stages of therapy, the text discusses how to frame the therapy, establish a working relationship, deal with resistance, establishing accountability, clarifying values related to animals, and teaching self-management skills such as empathy, attachment, accommodation, reciprocity and nurturance. Additional materials are included or referenced, including an appendix of cases that illustrate the variety of client presentations and electronic supplementary material demonstrates role-played interviews and a workshop presentation.

The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community

by Michel Rosenfeld

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

The Ideology of Managerialism: Fragments of a Future Theory (Routledge Studies in Management, Organizations and Society)

by Thomas Klikauer

The term “managerialism” is widely used not only in the world of business and government and this book details the theory behind the illusive idea. It distinguishes between management and managerialism and highlights the two groups pushing managerialism, namely corporate apparatchiks and the apostles of managerialism, and outlines twelve key ideas shaping managerialism. These twelve ideas range from profits to ideology, from economic growth and markets to business ethics and corporate social responsibility, from quantification to dehumanisation, from exploitation to short-termism, environmentalism, and homogenisation. Ultimately, this research volume illuminates the pathologies of managerialism and its impact on society, business, government, and the defining issue of our time – global warming. The objective of this book is to move simply beyond using the term “managerialism” by creating a better understanding of it. This means exploring the theory behind managerialism as well as the ideologies that define it. It will be of value to researchers, academics, practitioners, and students looking to gain a deeper understanding of managerialism and how managerialism can be overcome, with particular interest to those in the fields of critical management studies, leadership, corporate governance, and organisational studies.

The Illegality Defence in Law: A Constitutional and Human Rights Perspective (Routledge Research in Legal Philosophy)

by Edit Deutch

The Illegality Defence posits that a cause of action cannot arise from a wrongful act. Barring a claim through the application of this defence contradicts considerations of corrective justice, as the defendant is released from liability even though the claimant would otherwise have been entitled to a remedy. This book re-examines the application of the Illegality Defence, framing it as a State deprivation of property for the public good, underscoring the necessity of constitutional protections in this context. Offering a novel approach, the work explores the development, interpretation, and application of the Illegality Defence within a constitutional framework, bridging the gap between private and public law. By delving into the structured concepts of proportionality, it aims to establish a more refined legal model which is sensitive to the protection of human rights – specifically, the human right to property. This approach seeks to enhance legal certainty and predictability in the application of the Illegality Defence. The study will be essential reading for academics and researchers working in the areas of legal theory, human rights law, and jurisprudence.

The Illusion of Transparency in Corporate Governance: Does Transparency Help or Hinder True Ethical Conduct?

by Coral Ingley Finn Janning Wafa Khlif

Transparency is generally seen as a corporate priority and a central attribute for promoting business growth and social morality. From a philosophical perspective, society has experienced a gradual paradigm shift which intensified after the Second World War with the advent of the information era. As a fundamental part of an inescapable, hegemonic capitalist system and given the insistent emphasis on it as a moral imperative, transparency, this book avers, needs to be examined and challenged as to its true governance value in building a sustainable twenty-first century society. Rather than clinging to the fantasy of complete transparency as the only form of accountability, corporate governance is strengthened in this way by practicing true social responsibility, which emerges not from outward-looking compliance but from a deeper place in the corporate psyche through inward-looking contemplation and the development of moral maturity.

The Illusions Of Egalitarianism

by John Kekes

In this systematic and scathing attack on the dominant contemporary version of liberalism, John Kekes challenges political assumptions shared by the majority of people in Western societies. Egalitarianism, as it's widely known, holds that a government ought to treat all citizens with equal consideration. Kekes charges that belief in egalitarianism rests on illusions that prevent people from facing unpleasant truths. <p><p> Kekes, a major voice in modern political thought, argues that differences among human beings in the areas of morality, reasonability, legality, and citizenship are too important for governance to ignore. In a rigorous criticism of prominent egalitarian thinkers, including Dworkin, Nagel, Nussbaum, Rawls, Raz, and Singer, Kekes charges that their views present a serious threat to both morality and reason. <p> For Kekes, certain "inegalitarian truths" are obvious: people should get what they deserve, those who are good and those who are evil should not be treated as if they had the same moral worth, people should not be denied what they have earned in order to benefit those who have not earned it, and individuals should be held responsible for their actions. His provocative book will compel many readers to question their faith in liberalism.

The Illustrated Meditations: Life Lessons from Marcus Aurelius

by Marcus Aurelius

Stunning artworks bring more than sixty reflections from the iconic Stoic work Meditations by Marcus Aurelius to vivid life."What is not good for the hive is not good for the bee either." —Marcus AureliusRoman Emperor and philosopher Marcus Aurelius wrote the twelve books of Meditations over two thousand years ago as a personal diary of notes, nudges, and mental exercises to help him live a good life. His work has since become one of the greatest works of spiritual reflection ever written—required reading for statespersons and philosophers and inspiration to generations of readers who have responded to the intimacy of his writing. With their gentle instructions on living stoically, in harmony with nature, and in pursuit of the common good, Aurelius's lessons still resonate today, helping us manage the modern malaise.This beautifully designed book features a curated selection from modern philosopher James Romm of the most significant life lessons, arranged in chapters that touch on the mind, living well, nature, community, compassion, time, death, and more. Woodcut-style art adds texture and color to the pages, illustrating the concepts of each lesson in the book. Chapter introductions explain each lesson's history and philosophy, and throughout, modern philosophical commentary expands on each lesson, making this a perfect Stoic starting point and gift for anyone who loves ancient philosophy.

The Image before the Weapon

by Helen M. Kinsella

Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction. In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses--including gender, innocence, and civilization-- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity. She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U. S. -Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war. As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors

by Annelise Riles Anna Offit

Examines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit’s The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents “the first ethnographic study of US attorneys,” according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned—as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation.Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.

Refine Search

Showing 30,426 through 30,450 of 36,730 results