3215 TO HUNT AND CLARKE 26 August 1825 (Aet 77)

Bentham, Jeremy; O'Sullivan, Luke; Fuller, Catherine

doi:10.1093/oseo/instance.00067506

Cited by 5 publications

(5 citation statements)

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“…Deliberate choices tend to be guided at least in part by the expected value of an action (Behrens et al, 2009; Bentham, 1825; Decker et al, 2016). As the economist Gary Becker noted in his Nobel Prize address (Becker, 1993), “The [rational] analysis assumes that individuals maximize welfare as they conceive it,” such that, “their behavior is forward-looking.” Conceptions of reality, however, are not to be confused with reality itself.…”

Section: Insufficiently Complimentary?mentioning

confidence: 99%

Insufficiently complimentary?: Underestimating the positive impact of compliments creates a barrier to expressing them.

Zhao¹,

Epley²

2021

Journal of Personality and Social Psychology

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Compliments increase the well-being of both expressers and recipients, yet people report in a series of surveys giving fewer compliments than they should give, or would like to give. Nine experiments suggest that a reluctance to express genuine compliments partly stems from underestimating the positive impact that compliments will have on recipients. Participants wrote genuine compliments and then predicted how happy and awkward those compliments would make recipients feel. Expressers consistently underestimated how positive recipients would feel but overestimated how awkward recipients would feel (Experiments 1-3, S4). These miscalibrated expectations are driven partly by perspective gaps in which expressers underestimate how competent-and to a lesser extent how warm-their compliments will be perceived by recipients (Experiments 1-3). Because people's interest in expressing compliments is partly driven by their expectations of the recipient's reaction, undervaluing compliments creates a barrier to expressing them (Supplemental Experiments S2, S3, S4). As a result, directing people to focus on the warmth conveyed by their compliments (Experiment 4) increased interest in expressing them. We believe these findings may reflect a more general tendency for people to underestimate the positive impact of prosocial actions on others, leading people to be less prosocial than would be optimal for both their own and others' well-being.

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Section: Insufficiently Complimentary?mentioning

confidence: 99%

Insufficiently complimentary?: Underestimating the positive impact of compliments creates a barrier to expressing them.

Zhao¹,

Epley²

2021

Journal of Personality and Social Psychology

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“…Indeed, transparency of the judicial process is so fundamental to developing public trust: ‘all other checks are insufficient [and] of small account. Recordation, appeal, [and] other institutions operate as [mere] cloaks [rather] than checks; as cloaks in reality, as checks only in appearance’ (Bentham, 1827, p. 524).…”

Section: The South African Constitution and Open Justicementioning

confidence: 99%

The courtroom as TV studio: the case of the Oscar Pistorius trial

Moseneke

2018

International Journal of Law in Context

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In 2014, something happened that changed how the media report on court proceedings in South Africa. The Oscar Pistorius trial proceedings attracted much media attention. International journalists flocked into South Africa in droves. Our newspapers, our televisions, our radios, even our Facebook feeds were flooded with information. An entire twenty-four-hour television channel was created with the sole purpose of televising, and then discussing, the proceedings. Everything about the trial – the judge's rulings, the witnesses who gave evidence and especially the verdict – clogged social-media newsfeeds on laptops and other devices for months on end. This has changed irreversibly the manner in which the media and the justice system in South Africa converge. Through a focus on the debates in and out of the courtroom that the Pistorius trial generated, this paper explores the intersection between the judicial function, the media and the public. It was an important moment in post-apartheid South Africa, ushering in a new way of making and distributing judicial images to the public and thereby bringing into being new ways for the media and the public to access and assess the adjudicative role of judges.

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“…Текст "Обґрунтування судових доказів", якщо він багато в чому постарів, якщо він тісно пов'язаний з боротьбою, яку веде Бентам, на петлі XVIIIe і XIX століть, на відміну від англійського загального права, ми все ще можемо зацікавити нас сьогодні, коли ми вагаємося в певних правах на введення імовірнісних міркувань і де ми часто чуємо захист як фундаментального етичного принципу, принципу обережності, який повинен відрадити особу, яка приймає рішення, від ризику, на нашу думку, занадто легко оцінюється як неуважний. 3000 сторінок п'яти томів "Обґрунтування судових доказів" за оригінальністю своїх досліджень визначаються результатами, які вони отримують, їх написанням, в якому Бентам, який повинен бути їх автором, проте змішує своє письмо з твором редактора, який пише нотатки, а іноді реконструює або реконструює цілі глави з чернеток [1], якими б жахливими вони не були через аналізи, взяті до крайніх деталей, і надмірність деяких з них, однак захоплюючі їхні ідеї, які розриваються з класичною епохою та Просвітництвом.…”

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The influence of Bentham's work "The reasonability of forensic evidence" on the formation of the modern process of proof

Huralenko¹

2023

АПП

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In the field of law, evidence does not always need to reveal objective truth or relate to any reality. On the other hand, no matter what the system of evidence is, it must be established in accordance with predetermined conditions, and only by observing those conditions does the evidence derive its force. With the transition from this system of regulated evidence to a system of freedom of evidence, truth no longer excludes evidence. On the contrary, proof becomes a way of establishing the truth. The judge, who has become the central actor in the evaluation of the evidence, must rely solely on his discretion. The work Bentham published towards the end of his life, in 1827, The Reasoning of Legal Evidence, which the author wrote on the question of proof in law, having specific properties not equivalent to those found in mathematics or physics; sciences that allow Bentham to find terms of comparison to explain the functioning of language in jurisprudence. Acquaintance with evidence involves drawing conclusions, that is, drawing conclusions from one or more available evidence. Inferences are central to the reasoning people make with evidence, whether in a judicial setting - which will occupy our reflections in this text - or in any other evidentiary context. By virtue of their statutory powers, judges have to decide whether there is sufficient evidence in favor of this or that fact and consider it proven. In addition, they impose the conclusion of their evidentiary considerations: just as judges establish, according to Kelsen, the authentic interpretation of norms for a specific case, they impose their decision on the existence of a proven fact. But in no way does this mean that judges engage in mental operations of a different nature than those carried out by the parties, their lawyers or any other person – including researchers – having access to the proceedings. In a court hearing, several pieces of evidence can contribute to proving the same proposition of fact. Such a situation, which is very common, adds to the complexity of the analysis of inferences in evidentiary considerations. The latter are then evaluated not only with reference to individual evidence, but also in relation to other evidence.

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3215 TO HUNT AND CLARKE 26 August 1825 (Aet 77)

Cited by 5 publications

References 0 publications

Insufficiently complimentary?: Underestimating the positive impact of compliments creates a barrier to expressing them.

Insufficiently complimentary?: Underestimating the positive impact of compliments creates a barrier to expressing them.

The courtroom as TV studio: the case of the Oscar Pistorius trial

The influence of Bentham's work "The reasonability of forensic evidence" on the formation of the modern process of proof

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