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Synopsis
Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated.
The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality.
The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery.
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About the Author
Neil Duxbury is Professor of Law at the University of Manchester
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Random Justice: On Lotteries and Legal Decision-Making
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Oxford University Press, 1999
ISBN 10: 0198268254
ISBN 13: 9780198268253
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Random Justice: On Lotteries and Legal Decision-Making
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Clarendon Press / Oxford University Press, Oxford New York, 1999
ISBN 10: 0198268254
ISBN 13: 9780198268253
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Hardcover. Condition: Very Good-. Dust Jacket Condition: Fine. 1st Edition. 179pp., viii. Stated: "First published 1999" with '1' in number line. Index, pp. 177-179. Black cloth with brilliant gilt lettering on spine. Glossy dustwrapper not price-clipped (no price) with title lettering in large white letters at top half front cover, over maroon figurative background, and above lovely color illustration, detail of "The Dice Players" c. 1650, by Georges de la Tour. Binding is tight, despite book having been underlined in ink (only 4 lines) for one of two pages of "Acknowledgements" and for first 17 pp.oftext (of 179pp total in book): Introduction (pp 1-5); Ch. 1, pp. 6-14; Ch. 2, pp. 15-17, the first three pages only of Ch. 2 (pp. 15-42); pp. 12 and13 only have marginalia, 'fair sample' and 'contrary to dessert', respectively. Sharp corners, no rubbing wear, no creases, no previous owner names. But for 18pp, text is clean. Seller Inventory # 001421
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Random Justice: On Lotteries and Legal Decision-Making (eng)
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Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. Considering in detail the history of deciding issues of social significance by lot, the author argues that the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable,. Seller Inventory # 594404040
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Random Justice
Published by
Oxford University Press, 1999
ISBN 10: 0198268254
ISBN 13: 9780198268253
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