Robert W Weisberg
Dados Biográficos
| ID | 1660889 |
|---|---|
| NOME | Robert W Weisberg |
| PRENOMES | Robert W |
| SOBRENOME | Weisberg |
| ASSINATURA | WEISBERG R W |
| AFILIAÇÕES | Temple University |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 25 |
| TOTAL DE CITAÇÕES | 33 |
| TOTAL COMO AUTOR | 25 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1975 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 3 |
Beethoven as a Divergent Versus Strategic Thinker
In a recent paper, Brandt analyzed Beethoven’s production of the Diabelli Variations (Beethoven’s Op. 120), one of the masterpieces of the solo piano repertoire. Brandt concluded that Beethoven’s creative process was based on divergent thinking. The present paper critically examines that conclusion. First, we examine divergent thinking as a theoretical or technical term, as developed in the psychological literature. We then critically review Bran…
On the importance of case studies in research on creativity
The present article proposes that case studies of real-world—in vivo—creative thinking, rather than laboratory—in vitro—investigations, should provide the foundation for the study of creative thinking. While there is a significant literature examining case studies of real-world creative advances, those studies have not been central in modern research on creativity. Psychological theorizing about creativity has been dominated by the “divergent thi…
A Quandary in Creativity Studies
Much modern laboratory research on creative thinking, or in vitro research, is based on the “remote-associates” perspective, which assumes that creative advances arise through bringing together ideas which were previously “remotely associated,” that is, not directly linked. That view has provided the foundation for modern theorizing across a broad range of areas, including the role of associative processes in creativity, divergent thinking in cre…
The Construct Validity of Creativity
In scientific research on creativity, there has been considerable debate concerning the criteria by which a production can be judged more or less creative, that is, about the definition of creativity. The most frequent definition – the standard definition – incorporates the criteria of novelty and value. However, other definitions, based on a single criterion or on more than two criteria, have also been proposed. Much of the discussion of this is…
From Explicit to Implicit Theories of Creativity and Back
The different definitions of creativity that have been proposed by researchers have developed out of what are called explicit theories of creativity, on the basis of logical and semantic arguments, independently of empirical data. The present paper focuses on two such definitions, the standard definition (M.A. Runco & G.J. Jaeger, 2012), which defines a creative product as one that is novel and valuable, and R.W. Weisberg’s (2015, 2018) intention…
The Wild West of Sentencing Reform
As the United States became notorious for mass incarceration, California received outsized attention. Not so much for the sheer volume of California imprisonment but because of its chaotic operation. Populist political mood swings led to Eighth Amendment violations that caused a federal court to declare the whole system unconstitutional, a decision ultimately upheld by the US Supreme Court in Brown v. Plata, 563 U.S. 493 (2011). The state respond…
Narrative and Metaphor in the Law
Can We Shrink the Prisons Without Growing Crime
The Sentencing Commission Model, 1970s to Present
This article introduces the sentencing commission model, which is considered as the primary systemic alternative to the traditional U.S. indeterminate sentencing scheme. It outlines this movement from the seminal work of Marvin Frankel—who was the first to propose the sentencing commission—to the present. It then emphasizes that while the federal system has been the most visible commission-guidelines system in America it is also the least success…
The study of creativity
This paper presents a historical review of the spectrum of views taken by students of creativity. The review centers on the notion of genius, which assumes that creative individuals make conceptual leaps far ‘outside the box’. One modern variant of this view, the idea that creativity depends on on psychopathology, is discussed. This paper then considers the dominant view in psychology, which assumes that a group of cognitive and personality chara…
The dangers of Pyrrhic victories against mass incarceration
The Death Penalty Meets Social Science
Social science has long played a role in examining the efficacy and fairness of the death penalty. Empirical studies of the deterrent effect of capital punishment were cited by the Supreme Court in its landmark cases in the 1970s; most notable was the 1975 Isaac Ehrlich study, which used multivariate regression analysis and purported to show a significant marginal deterrent effect over life imprisonment, but which was soon roundly criticized for …
Meeting Consumer Demand in Modern Criminology
Literary Criticisms of Law
In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move …
Coughlin's Suspicion
What Has Modern Literary Theory to Offer Law
I'm in the Mood for Law
Cultural Criticism of Law
Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of t…
Some Ways to Think about Law Reviews
The Impropriety of Plea Agreements
David Lynch nicely captures what John Langbein has denounced as the “torture” of plea bargaining. Langbein's wickedly suggestive essay traced modem criminal trial practice back to medieval criminal systems in which the body of the defendant became the victim in a social sacrifice. The modern analog, for Langbein, is that the Warren Court due process revolution “guaranteed” defendants a wide variety of procedural rights that society simply cannot …
The role of content and abstract information in analogical transfer
Analogical transfer in problem solving is one example of analogical cognition, which also includes schemata mediate transfer (K. J. Holyoak, 1984a, 1985) or that problem solving by means of analogy is accomplished through application of the formal or deep structural characteristics of one problem to another (D. Centner, 1983, 1989). More recently, exemplar-based accounts (D. L. Medin&B. H. Ross, 1989; B. H. Ross, 1987) have emphasized problem con…
Commercial Morality, the Merchant Character, and the History of the Voidable Preference
American bankruptcy law has never decided what to do about the crucial but elusive concept of the voidable preference. Defined in the most roughly general terms, a preference has a few basic elements: It is a transfer of money or of some interest in property by a debtor to a creditor to settle an antecedent debt; it occurs when the debtor faces imminent bankruptcy; and it benefits that creditor to the prejudice of other creditors by granting the …
The Calabresian Judicial Artist
Defendant v. Witness
T. S. Eliot
The dangers of Pyrrhic victories against mass incarceration
The study of creativity
This paper presents a historical review of the spectrum of views taken by students of creativity. The review centers on the notion of genius, which assumes that creative individuals make conceptual leaps far ‘outside the box’. One modern variant of this view, the idea that creativity depends on on psychopathology, is discussed. This paper then considers the dominant view in psychology, which assumes that a group of cognitive and personality chara…
The role of content and abstract information in analogical transfer
Analogical transfer in problem solving is one example of analogical cognition, which also includes schemata mediate transfer (K. J. Holyoak, 1984a, 1985) or that problem solving by means of analogy is accomplished through application of the formal or deep structural characteristics of one problem to another (D. Centner, 1983, 1989). More recently, exemplar-based accounts (D. L. Medin&B. H. Ross, 1989; B. H. Ross, 1987) have emphasized problem con…
The Death Penalty Meets Social Science
Social science has long played a role in examining the efficacy and fairness of the death penalty. Empirical studies of the deterrent effect of capital punishment were cited by the Supreme Court in its landmark cases in the 1970s; most notable was the 1975 Isaac Ehrlich study, which used multivariate regression analysis and purported to show a significant marginal deterrent effect over life imprisonment, but which was soon roundly criticized for …
Can We Shrink the Prisons Without Growing Crime
What Has Modern Literary Theory to Offer Law
Cultural Criticism of Law
Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of t…
Commercial Morality, the Merchant Character, and the History of the Voidable Preference
American bankruptcy law has never decided what to do about the crucial but elusive concept of the voidable preference. Defined in the most roughly general terms, a preference has a few basic elements: It is a transfer of money or of some interest in property by a debtor to a creditor to settle an antecedent debt; it occurs when the debtor faces imminent bankruptcy; and it benefits that creditor to the prejudice of other creditors by granting the …
The Calabresian Judicial Artist
T. S. Eliot
Defendant v. Witness
The Calabresian Judicial Artist
Commercial Morality, the Merchant Character, and the History of the Voidable Preference
American bankruptcy law has never decided what to do about the crucial but elusive concept of the voidable preference. Defined in the most roughly general terms, a preference has a few basic elements: It is a transfer of money or of some interest in property by a debtor to a creditor to settle an antecedent debt; it occurs when the debtor faces imminent bankruptcy; and it benefits that creditor to the prejudice of other creditors by granting the …
The Impropriety of Plea Agreements
David Lynch nicely captures what John Langbein has denounced as the “torture” of plea bargaining. Langbein's wickedly suggestive essay traced modem criminal trial practice back to medieval criminal systems in which the body of the defendant became the victim in a social sacrifice. The modern analog, for Langbein, is that the Warren Court due process revolution “guaranteed” defendants a wide variety of procedural rights that society simply cannot …
The role of content and abstract information in analogical transfer
Analogical transfer in problem solving is one example of analogical cognition, which also includes schemata mediate transfer (K. J. Holyoak, 1984a, 1985) or that problem solving by means of analogy is accomplished through application of the formal or deep structural characteristics of one problem to another (D. Centner, 1983, 1989). More recently, exemplar-based accounts (D. L. Medin&B. H. Ross, 1989; B. H. Ross, 1987) have emphasized problem con…
Some Ways to Think about Law Reviews
Cultural Criticism of Law
Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of t…
What Has Modern Literary Theory to Offer Law
I'm in the Mood for Law
Literary Criticisms of Law
In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move …
Coughlin's Suspicion
The Death Penalty Meets Social Science
Social science has long played a role in examining the efficacy and fairness of the death penalty. Empirical studies of the deterrent effect of capital punishment were cited by the Supreme Court in its landmark cases in the 1970s; most notable was the 1975 Isaac Ehrlich study, which used multivariate regression analysis and purported to show a significant marginal deterrent effect over life imprisonment, but which was soon roundly criticized for …
Meeting Consumer Demand in Modern Criminology
The study of creativity
This paper presents a historical review of the spectrum of views taken by students of creativity. The review centers on the notion of genius, which assumes that creative individuals make conceptual leaps far ‘outside the box’. One modern variant of this view, the idea that creativity depends on on psychopathology, is discussed. This paper then considers the dominant view in psychology, which assumes that a group of cognitive and personality chara…
The dangers of Pyrrhic victories against mass incarceration
The Sentencing Commission Model, 1970s to Present
This article introduces the sentencing commission model, which is considered as the primary systemic alternative to the traditional U.S. indeterminate sentencing scheme. It outlines this movement from the seminal work of Marvin Frankel—who was the first to propose the sentencing commission—to the present. It then emphasizes that while the federal system has been the most visible commission-guidelines system in America it is also the least success…
Can We Shrink the Prisons Without Growing Crime
Narrative and Metaphor in the Law
The Wild West of Sentencing Reform
As the United States became notorious for mass incarceration, California received outsized attention. Not so much for the sheer volume of California imprisonment but because of its chaotic operation. Populist political mood swings led to Eighth Amendment violations that caused a federal court to declare the whole system unconstitutional, a decision ultimately upheld by the US Supreme Court in Brown v. Plata, 563 U.S. 493 (2011). The state respond…
From Explicit to Implicit Theories of Creativity and Back
The different definitions of creativity that have been proposed by researchers have developed out of what are called explicit theories of creativity, on the basis of logical and semantic arguments, independently of empirical data. The present paper focuses on two such definitions, the standard definition (M.A. Runco & G.J. Jaeger, 2012), which defines a creative product as one that is novel and valuable, and R.W. Weisberg’s (2015, 2018) intention…
The Construct Validity of Creativity
In scientific research on creativity, there has been considerable debate concerning the criteria by which a production can be judged more or less creative, that is, about the definition of creativity. The most frequent definition – the standard definition – incorporates the criteria of novelty and value. However, other definitions, based on a single criterion or on more than two criteria, have also been proposed. Much of the discussion of this is…
A Quandary in Creativity Studies
Much modern laboratory research on creative thinking, or in vitro research, is based on the “remote-associates” perspective, which assumes that creative advances arise through bringing together ideas which were previously “remotely associated,” that is, not directly linked. That view has provided the foundation for modern theorizing across a broad range of areas, including the role of associative processes in creativity, divergent thinking in cre…
Beethoven as a Divergent Versus Strategic Thinker
In a recent paper, Brandt analyzed Beethoven’s production of the Diabelli Variations (Beethoven’s Op. 120), one of the masterpieces of the solo piano repertoire. Brandt concluded that Beethoven’s creative process was based on divergent thinking. The present paper critically examines that conclusion. First, we examine divergent thinking as a theoretical or technical term, as developed in the psychological literature. We then critically review Bran…
On the importance of case studies in research on creativity
The present article proposes that case studies of real-world—in vivo—creative thinking, rather than laboratory—in vitro—investigations, should provide the foundation for the study of creative thinking. While there is a significant literature examining case studies of real-world creative advances, those studies have not been central in modern research on creativity. Psychological theorizing about creativity has been dominated by the “divergent thi…
Law (16 obras) · Political science (16 obras) · Sociology (14 obras) · Law (13 obras) · Computer Science (10 obras) · Psychology (8 obras) · Epistemology (7 obras) · Social Psychology (7 obras) · Creativity (6 obras) · Creativity in Education and Neuroscience (6 obras)