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In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/book-of-the-day
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/journalism
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/communications
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science
In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules. Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network
We use evidence in many areas of our world: courtrooms, scientific laboratories, and legislative bodies that create policies. But the evidence in these different arenas is used in very different ways. For example, how lawyers present evidence in a courtroom varies from how historians use evidence to write about past events. University of Virginia law professor Frederick Schauer joins Greg to talk about the different ways we use evidence and how in some situations, we are too rigid and, in other ways, too lax when it comes to evidence. His new book, The Proof, dives into the topic of evidence and how it's used across our society. He also shares some insights from his older book, Thinking Like A Lawyer, which lays out how people outside of the legal profession can adopt some of the mindsets lawyers do (like cross-examining ideas we already believe and questioning people we tend to automatically trust). Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He has previously taught law at Harvard University and the University of Michigan. He's written numerous books about the law, ranging from the topics of evidence, free speech, and how philosophy plays a role in the legal system. Episode Quotes:Can the probabilities be reduced to numbers?20:40: Can the probabilities be reduced to numbers? One view is by reducing them to numbers, you make something appear more certain than it actually is, but there's another view. And actually, there are distinguished judges on both sides of this debate that say, "Yes, it's hard to get it exactly right," but trying to translate very fuzzy terms, like "clear and convincing evidence," "balance of the probabilities," or "proof beyond the reasonable doubt," into numbers can clarify things, however uncertain the numbers might be. Maybe they're a bit more certain and a bit more clarifying than just using the fuzziness of language. 05:59: To understand the law of evidence, you really have to understand exclusions. To understand the science of evidence, you have to understand inclusions—how everything might be relevant.Law is heavily dependent on testimony33:04: Law, except in very rare cases, doesn't do direct observation, doesn't do direct experimentation even when it could. So it relies even more heavily on what somebody has said. It's like history, but unlike a lot of science. It's unlike a lot of empirical inquiry. It's unlike a lot of experimentation.The different view of the law in criminal law15:26: One of the important issues in evaluating evidence is what turns on it. And if we have a criminal law model, what turns on it is that someone is going to go to prison for a long time or possibly even be executed. We are really worried about making a certain kind of mistake. And because of that, the law, especially in criminal law, has a different evaluation of false positives versus false negatives than other people.Show Links:Guest Profile:Faculty Profile at University of VirginiaContributor's Profile on The Federalist SocietyHis Work:Frederick Shauer on Google ScholarThe Proof: Uses of Evidence in Law, Politics and Everything ElseThe Force of LawProfiles, Probabilities, and Stereotypes Thinking Like A Lawyer
Professor Frederick Schauer discusses his new book “The Proof: Uses of Evidence in Law, Politics, and Everything Else” at a lunch talk with alumni and the Law School Foundation's Board and Council.
Join Dr. Cain Elliot, Alex Pearson, and Professor Fred Schauer as they discuss the finer points of Fred Schauer's latest book, The Proof: Uses of Evidence in Law, Politics, and Everything Else. Frederick Schauer (born 15 January 1946) is an American legal scholar who serves as David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law. He is also the Frank Stanton Professor emeritus of the First Amendment at Harvard University's Kennedy School of Government. He is well known for his work on American constitutional law, especially free speech, and on legal reasoning, especially the nature and value of legal formalism. Read Full Transcript
March 18, 2022--Bob talks with Frederick Schauer about his new book The Proof — Uses of Evidence in Law, Politics, and Everything Else. How does someone know whether what you were told was a fact, a rumor, or hearsay?
On April 7-9, 1995, the Federalist Society held its fourteenth annual National Student Symposium at the Northwestern University School of Law in Chicago, Illinois. The subject of the conference was "Originalism, Democracy, and the Constitution." The first day of the conference concluded with a panel titled "What Is Originalism?"Featuring:Moderator: Rep. David M. McIntosh, United States House of Representatives (IN-2)Prof. Richard S. Kay, University of Connecticut School of LawProf. Larry Alexander, University of San Diego School of LawProf. Paul F. Campos, University of Colorado School of LawProf. Frederick Schauer, Harvard University
The Proof. Fred Schauer from the University of Virginia discusses his new book, The Proof, which discusses how evidence law and theory can help us make better decisions in everyday life.
On March 10-11, 1989, the Federalist Society's University of Michigan student chapter hosted the eighth annual National Student Symposium in Ann Arbor, Michigan. The topic of the conference was "Property: The Founding, The Welfare State, and Beyond." The second day of the conference commenced with a discussion on "Property and the Constitution."Featuring:Prof. Akhil Amar, Yale Law SchoolCharles Fried, Harvard Law SchoolProf. Jeremy Rabkin, Cornell UniversityProf. Frederick Schauer, University of Michigan Law SchoolModerator: Judge Stephen F. Williams, U.S. Court of Appeals, DC Circuit*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Nesse quarto episódio do ABSTRATAMENTE conversaremos com o Professor Pedro Chrismann. Pedro nos trará sugestões de 5 obras sobre Filosofia do Direito.=========Obras citadas no episódio:"O Conceito de Direito", de H.L.A. Hart."Teoria Pura do Direito", de Hans Kelsen."Império do Direito", de Ronald Dworkin."Playing by the Rules", de Frederick Schauer."Razão Prática e Normas", de Joseph Raz.Visitem o Teoria Impura, o podcast do Pedro, do Guilherme e do Danilo!=========Caso queira entrar em contato com o ABSTRATAMENTE utilize o e-mail: abstratamentepodcast@gmail.com=========Siga o ABSTRATAMENTE nas nossas páginas no Instagram e Facebook.=========All audio tracks including the opening theme are under Creative Commons Licence, for mere reference, check the link below: https://creative-commons.org/licences/by/4.0
Nesse episódio, Guilherme de Almeida (FGV-Rio), Pedro Chrismann (IBMEC-Rio) e Danilo Almeida (FURG) recebem Lucas Miotto Lopes (Universidade de Maastricht) para conversar sobre a importância das ciências sociais para a Filosofia do Direito. O texto da vez é o capítulo "Social Science and the Philosophy of Law" por Frederick Schauer, presente na coletânea "Cambridge Companion to the Philosophy of Law". Entre propriedades essenciais, fatos contingentes e mundos possíveis, os autores conversam sobre o o papel do filósofo do Direito e a distinção entre a análise metafísica e conceitual. Para além da densidade teórica, Danilo e Lucas discutem a possibilidade de um mundo alternativo em que Sócrates, o filósofo, é um chinelo. Pedro sofre com a uberização da Filosofia do Direito e Guilherme descobre seu "Bolsonaro" acadêmico.
The Supreme Court took on New York Times Co. v. Sullivan in 1964, in part, to protect the civil rights movement. But did justices go too far in making libel hard to prove? UVA Law professor Frederick Schauer explains new concerns.
"A constitutional right of protection of a right of freedom of expression frames a right of political discussion and public discourse that supports democracy." Then how can different democracies define this right differently? In many democracies the lines around speech are drawn differently — in the US they are drawn to protect hate speech but not child pornography, political speech but not defamation. In other democracies, denial of the Holocaust or incitement of racial hatred is not protected by the state. I spoke with Adrienne Stone, one of the world's experts on these different approaches to speech as a social good. Dr. Stone is Redmond Barry Distinguished Professor and Director of Centre for Comparative Constitutional Studies at the University of Melbourne in Australia. With Cheryl Saunders AO she is the editor of the Oxford Handbook on the Australian Constitution and with Frederick Schauer (who has been a guest on Think About It), she is the editor of the forthcoming Oxford Handbook on Freedom of Speech. She has published widely in international journals on topics related to speech, constitutionalism, and democracy, including: The Comparative Constitutional Law of Freedom of Expression; Constitutions, Gender and Freedom of Expression: The Legal Regulation of Pornography; Freedom of Speech and Defamation: Developments in the Common Law World; 'Insult and Emotion, Calumny and Invective': Twenty Years of Freedom of Political Communication I asked Dr. Stone, being quite serious, whether Australians feel muzzled and deprived of their fundamental rights because certain types of hate speech are not protected in Australia - and how to make sense of these different approaches to the problems posed by incendiary speech.
UVA Law professors Frederick Schauer and Saikrishna Prakash discuss the roles the U.S. Supreme Court and constitutional law play in American political discourse. (University of Virginia School of Law, Nov. 9, 2018)
In this episode of Bookshelf, Prof. Keith Whittington, the William Nelson Cromwell Professor of Politics at Princeton University, and Prof. Frederick Schauer, the David and Mary Harrison Distinguished Professor of Law at the University of Virginia, discuss Prof. Whittington’s new book Speak Freely: Why Universities Must Defend Free Speech. In Speak Freely, Prof. Whittington argues that universities have a distinctive and important mission in American society, one that has been recently challenged due to campus free speech debates. Prof. Whittington articulates the university as that which assembles and nurtures an open and diverse community of scholars, teachers, and students dedicated to the production and dissemination of knowledge. Moreover, he asserts, the robust protection of free speech and civil discourse is essential to that mission. In Speak Freely, Whittington argues that a better understanding of the relationship between the critical functions of the university and the principles of free speech can help guide us in resolving the difficult challenges that confront the members of modern universities. Our conversation begins with Prof. Whittington’s short introduction to his book, and is followed by Prof. Schauer’s comments to which Prof. Whittington will respond. The two authors will then engage in a bit of a back-and-forth dialogue. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all our programming, will serve to stimulate discussion and further exchange on the topics they address.
In this episode of Bookshelf, Prof. Keith Whittington, the William Nelson Cromwell Professor of Politics at Princeton University, and Prof. Frederick Schauer, the David and Mary Harrison Distinguished Professor of Law at the University of Virginia, discuss Prof. Whittington’s new book Speak Freely: Why Universities Must Defend Free Speech. In Speak Freely, Prof. Whittington argues that universities have a distinctive and important mission in American society, one that has been recently challenged due to campus free speech debates. Prof. Whittington articulates the university as that which assembles and nurtures an open and diverse community of scholars, teachers, and students dedicated to the production and dissemination of knowledge. Moreover, he asserts, the robust protection of free speech and civil discourse is essential to that mission. In Speak Freely, Whittington argues that a better understanding of the relationship between the critical functions of the university and the principles of free speech can help guide us in resolving the difficult challenges that confront the members of modern universities. Our conversation begins with Prof. Whittington’s short introduction to his book, and is followed by Prof. Schauer’s comments to which Prof. Whittington will respond. The two authors will then engage in a bit of a back-and-forth dialogue. As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all our programming, will serve to stimulate discussion and further exchange on the topics they address.
Meador Lecture on Objectivity
UVA Law professors John Harrison, Micah Schwartzman and Frederick Schauer join Slate senior editor and legal correspondent Dahlia Lithwick in analyzing Justice Antonin Scalia's legacy and the looming nomination battle. Co-sponsored by Virginia Law Democrats, the American Constitution Society and the ACS Virginia Lawyer Chapter, the event was moderated by Schwartzman. (University of Virginia School of Law, Feb. 25, 2016)
Professors A. E. Dick Howard, Kerry Abrams, Frederick Schauer and Risa Goluboff discuss key cases from the recent U.S. Supreme Court term, and look ahead to the coming year. (University of Virginia School of Law, Sept. 24, 2015)
UVA law professor Frederick Schauer discusses Supreme Court decisions involving the First Amendment from the 2014 term, including one involving Confederate flag–themed license plates. (University of Virginia School of Law, Sept. 24, 2015)
I'm very excited to post Show # 221, August 13, my interview with Prof. Frederick Schauer, David and Mary Harrison Distinguished Professor of Law at the University of Virginia, and formerly of Harvard's Kennedy School, on the "right to know." I heard Fred discuss this issue at a panel that I moderated on the philosophy of information at Duke Law School earlier this year, and was unsurprisingly blown away by his insights on the issues at stake and questions to be answered in "right to know" analysis. This seemingly simple question has become surprisingly complex in the world of multidirectional communication by institutions and individuals on interconnected networks (like the "Inter-net"). I was thrilled to have Fred on the show, and the discussion was fascinating. I hope that you enjoy it. {Hearsay Culture is a talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. For more information, please go to http://hearsayculture.com.}
An introduction to the importance of coercion to the law and the role of language in legal formalism.