Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674267079
Category : Law
Languages : en
Pages : 384
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Book Description
This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? Frederick Schauer strives to analyze and resolve these prickly questions. When the law "thinks like an actuary"--makes decisions about groups based on averages--the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674267079
Category : Law
Languages : en
Pages : 384
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Book Description
This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? Frederick Schauer strives to analyze and resolve these prickly questions. When the law "thinks like an actuary"--makes decisions about groups based on averages--the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.
Author: Frederick F Schauer
Publisher: Harvard University Press
ISBN: 0674043243
Category : Law
Languages : en
Pages : 377
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Book Description
"Frederick Schauer strives to analyze and resolve these prickly questions. As Schauer argues, there is good profiling and bad profiling.
Author: Kai Purnhagen
Publisher: Springer Science & Business Media
ISBN: 9400765436
Category : Law
Languages : en
Pages : 257
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Book Description
This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.
Author: Jack Glaser
Publisher: Oxford University Press, USA
ISBN: 0195370406
Category : Psychology
Languages : en
Pages : 280
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Book Description
Social psychologist and public policy expert Jack Glaser unpicks a century's worth of social psychological research to provide a clear understanding of how stereotypes, even those operating outside of conscious awareness or control, can cause police to make discriminatory judgments and decisions about whom to suspect, stop, question, search, use force on, and arrest. Glaser argues that stereotyping, even non-conscious stereotyping, is a completely normal human mental process, but that it leads to undesirable discriminatory outcomes.
Author: Martha Merrill Umphrey
Publisher: Stanford University Press
ISBN: 9780804755252
Category : Law
Languages : en
Pages : 208
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Book Description
"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.
Author: Cécile Fabre
Publisher: Oxford University Press
ISBN: 0198833768
Category :
Languages : en
Pages : 288
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Book Description
Cécile Fabre draws back the curtain on the ethics of espionage and counterintelligence. In a book rich with historical examples she argues that spying is only justified to protect against ongoing violations of fundamental rights. Blackmail, bribery, mass surveillance, cyberespionage, treason, and other nefarious activities are considered.
Author: Mireille Hildebrandt
Publisher: Springer Science & Business Media
ISBN: 1402069146
Category : Computers
Languages : en
Pages : 374
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Book Description
In the eyes of many, one of the most challenging problems of the information society is that we are faced with an ever expanding mass of information. Based on the work done within the European Network of Excellence (NoE) on the Future of Identity in Information Society (FIDIS), a set of authors from different disciplinary backgrounds and jurisdictions share their understanding of profiling as a technology that may be preconditional for the future of our information society.
Author: John Kleinig
Publisher: ANU E Press
ISBN: 1921862580
Category : Political Science
Languages : en
Pages : 291
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Book Description
This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.
Author: Bernard E. Harcourt
Publisher: University of Chicago Press
ISBN: 0226315991
Category : Social Science
Languages : en
Pages : 264
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Book Description
From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
Author: Ronald Meester
Publisher: Cambridge University Press
ISBN: 1108692478
Category : Social Science
Languages : en
Pages :
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Book Description
This book addresses the role of statistics and probability in the evaluation of forensic evidence, including both theoretical issues and applications in legal contexts. It discusses what evidence is and how it can be quantified, how it should be understood, and how it is applied (and, sometimes, misapplied). After laying out their philosophical position, the authors begin with a detailed study of the likelihood ratio. Following this grounding, they discuss applications of the likelihood ratio to forensic questions, in the abstract and in concrete cases. The analysis of DNA evidence in particular is treated in great detail. Later chapters concern Bayesian networks, frequentist approaches to evidence, the use of belief functions, and the thorny subject of database searches and familial searching. Finally, the authors provide commentary on various recommendation reports for forensic science. Written to be accessible to a wide audience of applied mathematicians, forensic scientists, and scientifically-oriented legal scholars, this book is a must-read for all those interested in the mathematical and philosophical foundations of evidence and belief.
