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Sep 27, 2018 · Judges often invoke ‘common sense’ when deciding questions of legal causation. I draw on empirical evidence to refine the common-sense theory of legal causation developed by Hart and Honoré in Causation in the Law.
- Andrew Summers
- 2018
- Thomas Paine’s Common Sense
- Wilson’s Common Sense Philosophy
- Wilson’s Court of Common Sense
- Notes
The common sense Thomas Paine appealed to was popular sentiment devoid of philosophical nuance. In his words, “I offer nothing more than simple facts, plain arguments, and common sense: and have no other preliminaries to settle with the reader, than that he will divest himself of prejudice and prepossession, and suffer his reason and his feelings t...
Well before Paine wrote Common Sense, the school of Scottish Common Sense philosophy had emerged, influencing the education of such founders as Thomas Jefferson, John Adams, John Witherspoon, and James Wilson. Thomas Reid, a chief expositor of Common Sense philosophy, described common sense as the widespread apprehension of first principles impress...
Readers may recall that Wilson advanced the “Revolution Principle” in his Lectures on Law, that is, the axiom that conscience alone binds people to their laws, making consent (rather than superiority) the basis of sovereignty. When combined with his common sense philosophy, Wilson’s Revolution Principle takes on new dimensions: if citizens are sove...
Thomas Paine was, in fact, self-taught after spending a brief part of his childhood at a free school. See Philip Foner, “Introduction: Thomas Paine—World Citizen and Democrat,” in The Complete Writings of Thomas Paine(NY: Citadel Press, 1945), ix–x. I am indebted to Dr. Roberta Bayer for calling my attention to the contrast between Thomas Paine’s s...
Judges often invoke ‘common sense’ when deciding questions of legal causation. I draw on recent work in experimental psychology to refine the commonsense theory of legal causation developed by Hart and Honoré in Causation in the Law. I show that the two main principles of abnormality
Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment.
Nov 30, 2016 · Part 3 suggests that judicial construction of common sense is a cognitive process with the consequent impact of bounded rationality, heuristics, biases, emotion and cognitive illusions. Part 4 discusses whether judges can overcome the limitations of common sense reasoning.
- Kylie Burns
- 2016
Nov 6, 2020 · In his 1925 paper ‘A Defence of Common Sense’, G. E. Moore set out his ‘Common Sense view of the World’ as a series of ‘truisms’ about himself and the world. Moore then claims (1) that our common-sense truisms are largely true, and (2) that we know that our common-sense truisms are largely true.
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Their basic thesis is that courts are correct to assert that it is common sense notions of cause-rooted in the ordinary person's ideas of when it is fair to punish or seek compensation-with which the law generally seems to be concerned. They argue that, far from being a mere screen behind which courts
