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Full-Text Articles in Law
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 …
Theory Saved My Life, Kris Franklin
Theory Saved My Life, Kris Franklin
Articles & Chapters
In part a tribute to the groundbreaking work of legal theorist Ruthann Robson, this article argues that theory and theorizing are under-examined yet basic skills which must be taught to all beginning law students. Positing that in order to be effective in law school and legal culture law students must learn to see, construct, deconstruct and use legal theories, the article articulates several common approaches to basic legal pedagogy and asks how they might be enhanced if pedagogy is embedded in a theoretical comprehension of thestudents' roles as interpreters of law. The article offers as examples artwork far removed from …
Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B.W. Sinclair
Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B.W. Sinclair
NYLS Journal of International and Comparative Law
No abstract provided.
Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B. W. Sinclair
Hercules, Omniscience, Omnipotence, And The Right Answer Thesis, Michael B. W. Sinclair
NYLS Law Review
No abstract provided.