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Articles 1 - 4 of 4
Full-Text Articles in Law
Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse
Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse
All Faculty Scholarship
Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about …
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
Neurohype And The Law: A Cautionary Tale, Stephen J. Morse
All Faculty Scholarship
This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.
The Aesthetics Of Disability, Jasmine E. Harris
The Aesthetics Of Disability, Jasmine E. Harris
All Faculty Scholarship
The foundational faith of disability law is the proposition that we can reduce disability discrimination if we can foster interactions between disabled and nondisabled people. This central faith, which is rooted in contact theory, has encouraged integration of people with and without disabilities, with the expectation that contact will reduce prejudicial attitudes and shift societal norms. However, neither the scholarship nor disability law sufficiently accounts for what this Article calls the “aesthetics of disability,” the proposition that our interaction with disability is mediated by an affective process that inclines us to like, dislike, be attracted to, or be repulsed by …
Shooting The Messenger, Leslie K. John, Hayley Blunden, Heidi H. Liu
Shooting The Messenger, Leslie K. John, Hayley Blunden, Heidi H. Liu
All Faculty Scholarship
Eleven experiments provide evidence that people have a tendency to ‘shoot the messenger,’ deeming innocent bearers of bad news unlikeable. In a pre-registered lab experiment, participants rated messengers who delivered bad news from a random drawing as relatively unlikeable (Study 1). A second set of studies points to the specificity of the effect: Study 2A shows that it is unique to the (innocent) messenger, and not mere bystanders. Study 2B shows that it is distinct from merely receiving information that one disagrees with. We suggest that people’s tendency to deem bearers of bad news as unlikeable stems in part from …