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Full-Text Articles in Jurisprudence
"Mr. Bad Example": Why Lawyers Need To Embrace Therapeutic Jurisprudence To Root Out Sanism In The Representation Of Persons With Mental Disabilities, Michael L. Perlin
"Mr. Bad Example": Why Lawyers Need To Embrace Therapeutic Jurisprudence To Root Out Sanism In The Representation Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
Litigants with mental disabilities are taken less seriously by their own lawyers, trivialized by opposing counsel, and disparaged by judges. This is largely a result of “sanism,” an irrational prejudice of the same quality and character of other irrational prejudices such as racism, sexism or homophobia. Recognizing and combatting sanism creates extra burdens on lawyers who do seek to provide effective counsel for this population. Such lawyers need special tools to combat sanism, and we believe that lawyering skills rooted in therapeutic jurisprudence provide the best foundation through which to create a positive psychology of persuasion in this representation. Our …
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Articles & Chapters
“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …
A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused
A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused
Articles & Chapters
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