Joseph Sanders
Dados Biográficos
| ID | 3632019 |
|---|---|
| NOME | Joseph Sanders |
| PRENOMES | Joseph |
| SOBRENOME | Sanders |
| ASSINATURA | SANDERS J |
| AFILIAÇÕES | University of Houston |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 36 |
| TOTAL DE CITAÇÕES | 122 |
| TOTAL COMO AUTOR | 36 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1974 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2018 |
| ÍNDICE H | 6 |
Alternatives to Traditional Adversary Methods of Presenting Scientific Expertise in the Legal System
The twin goals of any litigation are to arrive at a correct outcome and provide the parties with a sense that they were treated justly, even if they do not prevail. Adversarial proceedings are often perceived to be superior to inquisitorial proceedings with respect to the second goal but inferior with respect to the first. This is especially the case when proceedings involve expert testimony. In this essay, we discuss several relatively minor cha…
Everyday Justice
It is a fundamental human impulse to seek restitution or retribution when a wrong is done, yet individuals and societies assess responsibility and allocate punishment for wrongdoing in different ways. This book investigates how average citizens in the United States and Japan think about and judge various kinds of wrongdoing, how they determine who is responsible when things go wrong, and how they prefer to punish offenders. Drawing on the results…
Scientific Evidence
A Norms Approach to Jury “Nullification
Juries and other lay tribunals are often justified because they leaven the law with community norms. Unfortunately, we do not have a particularly good theory of when and how juries substitute their normative judgments for the law. A first step in developing such a theory is to examine the nature of norms and the way jurors bring normative judgments to their task. In this article I compare and contrast different understandings of norms that curren…
From the Commissioning Editor
Adversarial Legalism and Civil Litigation
Adversarial Legalism and Civil Litigation
Legal perceptions of science and expert knowledge
The Ritual of Rights in Japan
The Ritual of Rights in Japan challenges the conventional wisdom that the assertion of rights is fundamentally incompatible with Japanese legal, political and social norms. It discusses the creation of a Japanese translation of the word 'rights', Kenri; examines the historical record for words and concepts similar to 'rights'; and highlights the move towards recognising patients' rights in the 1960s and 1970s. Two policy studies are central to th…
Legal perceptions of science and expert knowledge
In the past half century, expert testimony has played an increasingly important role in American litigation. As the volume of expert testimony has grown, so have issues surrounding its admissibility into evidence. In the past decade, a trilogy of U.S. Supreme Court cases redefined the rules governing admissibility. This article reviews these cases and examines some of the assumptions about expert knowledge implicit in the opinions. It argues that…
The Institutionalization of Sanctions for Wrongdoing inside Organizations
Recent years have seen a rapprochement between research on organizations and research on law. One goal of such research is a better understanding of how the structures of complex organizations and the normative and cognitive structures of law interact within different cultures. This article is part of that enterprise. We report results from surveys conducted in Moscow, Tokyo, and Washington in 1993 that asked respondents to judge acts of wrongdoi…
Distributing Responsibility for Wrongdoing inside Corporate Hierarchies
The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organiza…
Distributing Responsibility for Wrongdoing Inside Corporate Hierarchies
The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organiza…
Modern Japanese Law
Journal Article Modern Japanese Law: Legal History and Concept of Law, Public Law and Economic Law of Japan. A Review Essay of the 16 Most Important of the More Recent Books Get access Harald Hohmann Harald Hohmann 1Harold Hohmann is Ph.D. (Dr. jur., J.W. Goethe University Frankfurt/Main, 1992), two J.D. (Westf.Wilhelms-University Munster/Westphalie, 1983 and 1988), former Research Associate at the J.W. Goethe University Frankfurt/Main (1988-93),…
Corporate Crime through Citizens' Eyes
A citizen's judgment of wrongdoing in an organizational setting may depend oncharacteristics of the citizen, of the accused, or both.In 1993, random sample surveys exploring judgment of corporate wrongdoing were carried out in Washington, DC (N= 602), Tokyo, Japan (N= 600), and Moscow, Russia (N= 597). Respondents heard hypothetical vignettes about wrongdoing in organizations and were asked to judge the actor's responsibility and related issues; …
Crimes of Obedience and Conformity in the Workplace
One outgrowth of Milgram's (1974) research is the study of public opinion about obedience norms. Extending Kelman and Hamilton's (1989) research on crimes of obedience in the military, this article explores crimes of obedience and crimes of conformity in the workplace. Random samples of the residents of Washington, DC, Moscow, Russia, and Tokyo, Japan were presented four vignettes about organizational wrongdoing. Manipulations included the influe…
Everyday Justice
Everyday Justice
From Science to Evidence
Critics of American tort law often question the ability of lay jurors to make factual determinations in trials involving complex scientific evidence. In this article, Professor Sanders attempts to refocus tort reform debate by studying how trial procedures themselves contribute to jurors' inability to properly assess scientific evidence. Professor Sanders' analysis centers on trials involving Bendectin, a drug which plaintiffs have claimed caused…
Everyday Justice
Everyday Justice
It is a fundamental human impulse to seek restitution or retribution when a wrong is done, yet individuals and societies assess responsibility and allocate punishment for wrongdoing in different ways. This book investigates how average citizens in the United States and Japan think about and judge various kinds of wrongdoing, how they determine who is responsible when things go wrong, and how they prefer to punish offenders. Drawing on the results…
Legal Cultures and Punishment Repertoires in Japan, Russia, and the United States
Several years ago we conducted surveys in one American (Detroit) and two Japanese (Yokohama and Kanazawa) cities exploring the nature of responsibility and sanctioning judgments. Recently we were able to replicate a portion of those surveys in Moscow, and here we compare the results of the Moscow survey with the earlier findings. The fundamental question is whether socialist societies, at least as they have existed in the republics of the former …
Social Science in Court
The 1954 landmark school desegregation decision of the U.S. Supreme Court, v. Board of Education, was part of one of the most extensive and tumultuous social/legal movements in the nation s history. The authors of this study employ the school desegregation movement to examine the role of social scientists, and social science, in the litigation process. Covering seventeen desegregation cases in litigation after 1970, they bring together the perspe…
Social Science in Court
The Interplay of Micro and Macro Processes in the Longitudinal Study of Courts
This article argues that some of the weaknesses in the longitudinal study of courts derive from an excessively macro-law focus on legal processes relatively uninformed by micro-law processes. Greater attention to the micro-macro relationship offers new opportunities for longitudinal studies themselves and for the integration of their findings into the mainstream of law and social science
Universals in Judging Wrongdoing
Human judgment of wrongdoing underlies all social control processes. Substantively, we argue that a universal model of how humans make such judgments must allow for assessing both deeds of the actor being judgedand role-related social obligations governing what the actor should have done. Structurally, such a model can incorporate cross-cultural differences in terms of differential weights placed on these factors. The model was tested in sample s…
Punishment and the Individual in the United States and Japan
In this paper we argue that differences in the conceptualization of individual actors in networks provide the most parsimonious explanation for differences that occurbetweenAmerican and Japanese views of sanctions and between actors in different role relationshipswithineach society. Our empirical tests drew on respondents' hypothetical punishment choices and punishment rationales in surveys of Detroit, Michigan, and Yokohama and Kanazawa, Japan. …
Legal Cultures and Punishment Repertoires in Japan, Russia, and the United States
Several years ago we conducted surveys in one American (Detroit) and two Japanese (Yokohama and Kanazawa) cities exploring the nature of responsibility and sanctioning judgments. Recently we were able to replicate a portion of those surveys in Moscow, and here we compare the results of the Moscow survey with the earlier findings. The fundamental question is whether socialist societies, at least as they have existed in the republics of the former …
The Effect of Roles and Deeds on Responsibility Judgments
Human judgment of wrongdoing is a potential meeting groundfor sociological models of norms and psychological models of cognition. The present paper discusses the approach to human responsibility judgments that has dominated psychology since Jean Piaget and expands on that theory from a sociological perspective, arguing that judgments of responsibility are functions of both the deeds an actor performs and the social expectations of others for the …
Corporate Crime through Citizens' Eyes
A citizen's judgment of wrongdoing in an organizational setting may depend oncharacteristics of the citizen, of the accused, or both.In 1993, random sample surveys exploring judgment of corporate wrongdoing were carried out in Washington, DC (N= 602), Tokyo, Japan (N= 600), and Moscow, Russia (N= 597). Respondents heard hypothetical vignettes about wrongdoing in organizations and were asked to judge the actor's responsibility and related issues; …
Distributing Responsibility for Wrongdoing Inside Corporate Hierarchies
The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organiza…
The Interplay of Micro and Macro Processes in the Longitudinal Study of Courts
This article argues that some of the weaknesses in the longitudinal study of courts derive from an excessively macro-law focus on legal processes relatively uninformed by micro-law processes. Greater attention to the micro-macro relationship offers new opportunities for longitudinal studies themselves and for the integration of their findings into the mainstream of law and social science
The Institutionalization of Sanctions for Wrongdoing inside Organizations
Recent years have seen a rapprochement between research on organizations and research on law. One goal of such research is a better understanding of how the structures of complex organizations and the normative and cognitive structures of law interact within different cultures. This article is part of that enterprise. We report results from surveys conducted in Moscow, Tokyo, and Washington in 1993 that asked respondents to judge acts of wrongdoi…
Crimes of Obedience and Conformity in the Workplace
One outgrowth of Milgram's (1974) research is the study of public opinion about obedience norms. Extending Kelman and Hamilton's (1989) research on crimes of obedience in the military, this article explores crimes of obedience and crimes of conformity in the workplace. Random samples of the residents of Washington, DC, Moscow, Russia, and Tokyo, Japan were presented four vignettes about organizational wrongdoing. Manipulations included the influe…
From Science to Evidence
Critics of American tort law often question the ability of lay jurors to make factual determinations in trials involving complex scientific evidence. In this article, Professor Sanders attempts to refocus tort reform debate by studying how trial procedures themselves contribute to jurors' inability to properly assess scientific evidence. Professor Sanders' analysis centers on trials involving Bendectin, a drug which plaintiffs have claimed caused…
The Relevance of "Irrelevant" Testimony
Why do attorneys utilize social science experts in school desegregation cases? Although experts often testify for both parties in these cases, plaintiff lawyers are more likely than defense lawyers to call upon them. Plaintiff lawyers appear to have easier access to a network of scholars willing to testify. Moreover, plaintiff lawyers have a set of social theories and legal strategies that often requires the use of social science expertise. Altho…
Legal perceptions of science and expert knowledge
In the past half century, expert testimony has played an increasingly important role in American litigation. As the volume of expert testimony has grown, so have issues surrounding its admissibility into evidence. In the past decade, a trilogy of U.S. Supreme Court cases redefined the rules governing admissibility. This article reviews these cases and examines some of the assumptions about expert knowledge implicit in the opinions. It argues that…
Political Conflict in Applied Scholarship
Social scientists recognize that applied scholarship often generates political conflict, yet these conflicts have not been systematically studied. This paper investigates two types of political conflict experienced by social and educational scientists who testified as expert witnesses in school desegregation cases in the United States. Personal political conflict results from the perception of expert witnesses that their political stance is at od…
Adversarial Legalism and Civil Litigation
From the Commissioning Editor
Adversarial Legalism and Civil Litigation
Methods of Presenting Scientific Evidence in Court
This article presents and analyzes lawyers' and scientists' views of the advisability of using alternatives to the party witness format (e.g., scientific panels) in school desegregation cases. Scientists' and attorneys' desires to control the presentation of evidence and courtroom interaction is one factor explaining their preference for panels or party witness formats. In addition, control is seen as a means of influencing several other issues: …
Beauty and Charisma
A charismatic leader is like a beautiful woman. Taken as a whole and looked on from afar we can all agree as to the extraordinary nature of the creature. Yet once we begin a detailed analysis of each part we find we have difficulty pointing to exactly those elements that produce the effect. Clinical descriptions may incline us to lust or disgust, but they may fail to inform us as to the ephemeral nature of the phenomenon. For that we often engage…
Beauty and Charisma
A charismatic leader is like a beautiful woman. Taken as a whole and looked on from afar we can all agree as to the extraordinary nature of the creature. Yet once we begin a detailed analysis of each part we find we have difficulty pointing to exactly those elements that produce the effect. Clinical descriptions may incline us to lust or disgust, but they may fail to inform us as to the ephemeral nature of the phenomenon. For that we often engage…
In Advocacy of Research in Education
The Duty to Act
The Effect of Roles and Deeds on Responsibility Judgments
Human judgment of wrongdoing is a potential meeting groundfor sociological models of norms and psychological models of cognition. The present paper discusses the approach to human responsibility judgments that has dominated psychology since Jean Piaget and expands on that theory from a sociological perspective, arguing that judgments of responsibility are functions of both the deeds an actor performs and the social expectations of others for the …
A Show Trial Under Lenin
The Relevance of "Irrelevant" Testimony
Why do attorneys utilize social science experts in school desegregation cases? Although experts often testify for both parties in these cases, plaintiff lawyers are more likely than defense lawyers to call upon them. Plaintiff lawyers appear to have easier access to a network of scholars willing to testify. Moreover, plaintiff lawyers have a set of social theories and legal strategies that often requires the use of social science expertise. Altho…
Political Conflict in Applied Scholarship
Social scientists recognize that applied scholarship often generates political conflict, yet these conflicts have not been systematically studied. This paper investigates two types of political conflict experienced by social and educational scientists who testified as expert witnesses in school desegregation cases in the United States. Personal political conflict results from the perception of expert witnesses that their political stance is at od…
Universals in Judging Wrongdoing
Human judgment of wrongdoing underlies all social control processes. Substantively, we argue that a universal model of how humans make such judgments must allow for assessing both deeds of the actor being judgedand role-related social obligations governing what the actor should have done. Structurally, such a model can incorporate cross-cultural differences in terms of differential weights placed on these factors. The model was tested in sample s…
Methods of Presenting Scientific Evidence in Court
This article presents and analyzes lawyers' and scientists' views of the advisability of using alternatives to the party witness format (e.g., scientific panels) in school desegregation cases. Scientists' and attorneys' desires to control the presentation of evidence and courtroom interaction is one factor explaining their preference for panels or party witness formats. In addition, control is seen as a means of influencing several other issues: …
What Should the Sociology of Law Explain
Punishment and the Individual in the United States and Japan
In this paper we argue that differences in the conceptualization of individual actors in networks provide the most parsimonious explanation for differences that occurbetweenAmerican and Japanese views of sanctions and between actors in different role relationshipswithineach society. Our empirical tests drew on respondents' hypothetical punishment choices and punishment rationales in surveys of Detroit, Michigan, and Yokohama and Kanazawa, Japan. …
Social Science in Court
The Interplay of Micro and Macro Processes in the Longitudinal Study of Courts
This article argues that some of the weaknesses in the longitudinal study of courts derive from an excessively macro-law focus on legal processes relatively uninformed by micro-law processes. Greater attention to the micro-macro relationship offers new opportunities for longitudinal studies themselves and for the integration of their findings into the mainstream of law and social science
Social Science in Court
The 1954 landmark school desegregation decision of the U.S. Supreme Court, v. Board of Education, was part of one of the most extensive and tumultuous social/legal movements in the nation s history. The authors of this study employ the school desegregation movement to examine the role of social scientists, and social science, in the litigation process. Covering seventeen desegregation cases in litigation after 1970, they bring together the perspe…
Legal Cultures and Punishment Repertoires in Japan, Russia, and the United States
Several years ago we conducted surveys in one American (Detroit) and two Japanese (Yokohama and Kanazawa) cities exploring the nature of responsibility and sanctioning judgments. Recently we were able to replicate a portion of those surveys in Moscow, and here we compare the results of the Moscow survey with the earlier findings. The fundamental question is whether socialist societies, at least as they have existed in the republics of the former …
From Science to Evidence
Critics of American tort law often question the ability of lay jurors to make factual determinations in trials involving complex scientific evidence. In this article, Professor Sanders attempts to refocus tort reform debate by studying how trial procedures themselves contribute to jurors' inability to properly assess scientific evidence. Professor Sanders' analysis centers on trials involving Bendectin, a drug which plaintiffs have claimed caused…
Everyday Justice
Everyday Justice
It is a fundamental human impulse to seek restitution or retribution when a wrong is done, yet individuals and societies assess responsibility and allocate punishment for wrongdoing in different ways. This book investigates how average citizens in the United States and Japan think about and judge various kinds of wrongdoing, how they determine who is responsible when things go wrong, and how they prefer to punish offenders. Drawing on the results…
Everyday Justice
Everyday Justice
Crimes of Obedience and Conformity in the Workplace
One outgrowth of Milgram's (1974) research is the study of public opinion about obedience norms. Extending Kelman and Hamilton's (1989) research on crimes of obedience in the military, this article explores crimes of obedience and crimes of conformity in the workplace. Random samples of the residents of Washington, DC, Moscow, Russia, and Tokyo, Japan were presented four vignettes about organizational wrongdoing. Manipulations included the influe…
Distributing Responsibility for Wrongdoing inside Corporate Hierarchies
The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organiza…
Distributing Responsibility for Wrongdoing Inside Corporate Hierarchies
The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organiza…
Modern Japanese Law
Journal Article Modern Japanese Law: Legal History and Concept of Law, Public Law and Economic Law of Japan. A Review Essay of the 16 Most Important of the More Recent Books Get access Harald Hohmann Harald Hohmann 1Harold Hohmann is Ph.D. (Dr. jur., J.W. Goethe University Frankfurt/Main, 1992), two J.D. (Westf.Wilhelms-University Munster/Westphalie, 1983 and 1988), former Research Associate at the J.W. Goethe University Frankfurt/Main (1988-93),…
Corporate Crime through Citizens' Eyes
A citizen's judgment of wrongdoing in an organizational setting may depend oncharacteristics of the citizen, of the accused, or both.In 1993, random sample surveys exploring judgment of corporate wrongdoing were carried out in Washington, DC (N= 602), Tokyo, Japan (N= 600), and Moscow, Russia (N= 597). Respondents heard hypothetical vignettes about wrongdoing in organizations and were asked to judge the actor's responsibility and related issues; …
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