Deliberation, Dismissal, and Democracy examines the common instinct to "dismiss" claims that make us uncomfortable, rather than engaging in a deliberation of their merits. Focusing on dismissal as a primarily social, rather than legal, phenomenon, David Schraub identifies the problems that stem from the tendency to dismiss and proposes ways we can confront the hard thoughts that must be properly considered in a healthy democracy.
Deliberation, Dismissal, and Democracy examines the common instinct to "dismiss" claims that make us uncomfortable, rather than engaging in a deliberation of their merits. Focusing on dismissal as a primarily social, rather than legal, phenomenon, David Schraub identifies the problems that stem from the tendency to dismiss and proposes ways we can confront the hard thoughts that must be properly considered in a healthy democracy.
David Schraub is an associate professor at Lewis & Clark Law School, where he teaches classes in constitutional law and anti-discrimination law. Previously, he taught at DePaul University, the University of California, Berkeley, and the University of Illinois. He holds a PhD in Political Theory from UC-Berkeley and a JD from the University of Chicago Law School.
Inhaltsangabe
Introduction 1: Taking Up Hard Thoughts 2: Ignorance, Dismissal, and Motivated Cognition 3: The Mechanisms and the Harms of Dismissal 4: Playing with Cards: Discrimination Claims and the Charge of Bad Faith 5: Listening, to Mill 6: Not Listening, to Nietzsche 7: Cultivating (and Preserving) the Virtues of Deliberation 8: Bypassing Dismissal: Law as a Cognitive Expressway 9: Deliberation under Protest Conclusion
Introduction 1: Taking Up Hard Thoughts 2: Ignorance, Dismissal, and Motivated Cognition 3: The Mechanisms and the Harms of Dismissal 4: Playing with Cards: Discrimination Claims and the Charge of Bad Faith 5: Listening, to Mill 6: Not Listening, to Nietzsche 7: Cultivating (and Preserving) the Virtues of Deliberation 8: Bypassing Dismissal: Law as a Cognitive Expressway 9: Deliberation under Protest Conclusion
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