The Concept Of Law

THINKING ABOUT COMPLEX CONCEPTS: In many court cases, the judge’s or jury’s task lies in categorizing someone’s actions. A jury might need to decide, for example, whether a defendant’s actions fall into the category of “sexual harassment.” (If the defendant was offensive in some way, but his actions don’t fit into the category of “harassment,” then he isn’t guilty of harassment.) Or, as a different example, a jury might be certain that the defendant caused someone’s death, but they still need to decide whether the crime should be categorized as “first-degree murder” or “second-degree,” a categorization with large implications for the likely punishment. To help with this categorization, laws define each crime in precise terms, so that there is a careful definition of “robbery,” a clear definition of “trespassing” or “first-degree murder,” and so on. Even with these definitions, though, the courts regularly encounter ambiguous cases, raising questions about whether the person’s actions satisfy the definition of the crime the person is charged with. At the least, this reminds us how difficult it is to find satisfactory, broadly useful definitions for concepts, a point that is made by the different models of concept formation to explain people’s thinking. In addition, we need to ask: How do the courts proceed when they encounter one of these ambiguous cases? We’ve seen that people have prototypes in mind for their various concepts, and so, in day to day life, they often assess a new case by asking how closely it resembles that prototype. It turns out that, in the courts, jurors do the same in making legal judgments, and so they’re more likely to convict someone if the trial facts fit with their prototype for the crime—if the facts fit the jurors’ notion of, say, a “typical bank robbery” or a “typical hit and run violation.” Put differently, a “typical” crime with weak evidence is more likely to lead to a conviction than an unusual crime with similarly weak evidence. Of course, this is legally nonsensical: Jury decisions should depend on the quantity and quality of the evidence, and on the legal definition of the crime. The jurors’ ideas about what’s typical for that crime should play no role at all—especially when we acknowledge that these ideas are shaped more by TV crime shows than by actual crime statistics. Nonetheless, the prototypes do influence the jury, and so legal judgments (like concept use in general) are plainly shaped by typicality. In addition, we’ve seen that concept users often seem to have a “theory” in mind about why a concept is as it is, and they use the theory in reasoning about the concept. If you saw someone jumping into a pool fully clothed, you’re likely to categorize this person as a “drunk,” not because the person fits your definition for being drunk or even fits your prototype, but because you have a set of beliefs about how drunks are likely to act. Based on those beliefs (i.e., based on your “theory”), you decide that drunkenness is the most plausible explanation for the behavior you just observed, and you categorize accordingly. Similar categorization strategies are evident in the courtroom. For example, consider the crime of stalking. This crime is difficult to define in a crisp way; in fact, it is defined in different ways in different states. Often, though, the definition includes the notion that the stalker intended to force some sort of relationship with the victim—perhaps a relationship involving intimacy or a relationship in which the victim feels fear. It’s often the case, however, that there’s no direct evidence of this intention, so the jury needs to infer the intention from the defendant’s behaviors, or from the context. In making these inferences, juries rely on their “theory” of stalking—their beliefs about how and why one individual might stalk another. This helps us understand why juries are more likely to convict someone of stalking if (for example) the defendant was a former intimate of the person being “stalked.” Apparently, jurors are guided by their ideas about how former (but now rejected) lovers behave—even if these ideas have nothing to do with the legal definition of stalking. How should we think about these points? On one hand, we want jurors to be guided by the law, and not by their (perhaps idiosyncratic, perhaps uninformed) intuitions about the crime at issue in a trial. On the other hand, the U.S. criminal justice system relies on the good sense and good judgment of juries—so plainly we want jurors to use their judgment. How best to balance these points isn’t clear, but the tension between these points is perhaps inevitable, given what we know about how concepts are represented and how humans categorize knowledge about concepts. Question Promts Instructions: Complete and then submit the answers to the questions below in approximately 250 -300 words (total for all questions). How would you define ‘justice’? Why is it difficult to define. Why are definitions in general an inadequate way to describe how we reason using concepts and categories? Based on the article on DNA analysis and the ideas presented here, discuss three reasons why legal judgments are difficult to make and susceptible to thinking heuristics. How might stereotypes factor into all this? Critical Thinking Exercise rubric Critical Thinking Exercise rubric Criteria Ratings Pts This criterion is linked to a Learning Outcome Reflection 7.0 pts Clear, cogent and thoughtful response and study proposal. 6.0 pts Thoughtful response, could be improved in clarity/depth, or study proposal missing keyword descriptions 5.0 pts Somewhat superficial response; missing one-odd aspect of reflection or study description is missing keywords descriptions 4.0 pts Superficial response; or study description missing keyword descriptions 3.0 pts Superficial response, no study described 7.0 pts This criterion is linked to a Learning Outcome Participation 3.0 pts On time 2.0 pts One day late 1.0 pts Two days late 0.0 pts No Marks 3.0 pts Total Points: 10.0

Struggling to find relevant content? Order a custom essay on
The Concept Of Law
Let our experts save you the hassle
Order Now
Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
Sign up, place your order, and leave the rest to our professional paper writers in less than 2 minutes.
step 1
Upload assignment instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
s
Get personalized services with GPA Fix
One writer for all your papers
You can select one writer for all your papers. This option enhances the consistency in the quality of your assignments. Select your preferred writer from the list of writers who have handledf your previous assignments
Same paper from different writers
Are you ordering the same assignment for a friend? You can get the same paper from different writers. The goal is to produce 100% unique and original papers
Copy of sources used
Our homework writers will provide you with copies of sources used on your request. Just add the option when plaing your order
What our partners say about us
We appreciate every review and are always looking for ways to grow. See what other students think about our do my paper service.
Mental Wellness
The skilled writer did a good job. I will add a few more details. Thank you, great job...
Customer 452547, June 17th, 2021
Classic English Literature
Nicely done. Ty. Worth every penny.
Customer 452455, June 6th, 2021
Nursing
Another great paper! Thank you!
Customer 452707, June 16th, 2022
Nursing
Always perfect! Thank you!!!
Customer 452453, April 15th, 2021
Marketing
Thank you great job
Customer 452813, July 10th, 2022
Psychology
I was disappointed because I didn't receive my order on time but I'm thankful to have it.
Customer 452775, December 4th, 2023
Other
GREAT
Customer 452813, June 25th, 2022
Database design and optimization
communication was great and the work looks perfect.
Customer 452715, February 26th, 2022
Social Work and Human Services
Excellent work
Customer 452587, September 4th, 2021
Social Work and Human Services
Excellent Work!
Customer 452587, August 24th, 2021
DISCUSSION D SCIENCE 210
GREAT
Customer 452813, June 28th, 2022
Social Work and Human Services
Great Work!
Customer 452587, September 8th, 2021
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat

Good News ! We now help with PROCTORED EXAM. Chat with a support agent for more information