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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Articles
Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that judges’ engagement with formal legal doctrine might have self-disrupting effects like those performers experience when they adopt uncharacteristic behaviors. Such disruptive effects would not explain how judges ultimately select, or should select, legal results. But they might help legal decision makers to set aside subjective biases.
The Persistence Of Proximate Cause: How Legal Doctrine Thrives On Skepticism, Jessie Allen
The Persistence Of Proximate Cause: How Legal Doctrine Thrives On Skepticism, Jessie Allen
Articles
This Article starts with a puzzle: Why is the doctrinal approach to “proximate cause” so resilient despite longstanding criticism? Proximate cause is a particularly extreme example of doctrine that limps along despite near universal consensus that it cannot actually determine legal outcomes. Why doesn’t that widely recognized indeterminacy disable proximate cause as a decision-making device? To address this puzzle, I pick up a cue from the legal realists, a group of skeptical lawyers, law professors, and judges, who, in the 1920s and 1930s, compared legal doctrine to ritual magic. I take that comparison seriously, perhaps more seriously, and definitely in …
Drama In The Docklands, Mary Moynihan
Drama In The Docklands, Mary Moynihan
Articles
An article by Mary Moynihan in IN2 Magazine, issue number seven, Winter 2005, on Drama in the Docklands, a project run by Smashing Times Theatre Company that promotes access to creativity in the docklands area of Dublin, bringing drama into two primary schools - St Joseph's Primary School, East Wall and City Quay Primary School, City Quay. The article documents the project and the year-end show by children at Samuel Beckett Centre, Trinity College, Dublin.
Recent Trends In Global And Irish Tourism, Kevin Griffin
Recent Trends In Global And Irish Tourism, Kevin Griffin
Articles
2001 will long be remembered as one of the most difficult years for tourism in Ireland. The outbreak of Food and Mouth disease in the first half of the year was seen as a major blow to the industry, with many businesses suffering from the resultant restrictions on travel. These problems were further increased by the global effects of the economic slow-down in the USA. As the sector began to recover and was shaping up for a healthy Autumn, the terrorist attacks of September 11 devastated the industry globally, with knock–on effects which are only now beginning to be assessed. …