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Deliberation
Deliberation is a process of thoughtfully weighing options, for example prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue. Group decision-making, Group decisions are generally made after deliberation through a vote or Consensus decision-making, consensus of those involved. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. In "deliberative democracy", the aim is for both elected officials and the general public to use deliberation rather than power-struggle as the basis for their vote. Individual deliberation is also a description of day-to-day rationality, rational decision-making, and as such is an epistemic virtue. Trial juries In countries with a jury system, the jury's deliberation in criminal matters can involve both rendering a verdict and determining the appropriate Sentence (law), se ...
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Deliberative Democracy
Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. Deliberative democracy seeks quality over quantity by limiting decision-makers to a smaller but more representative sample of the population that is given the time and resources to focus on one issue. It often adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional democratic theory in that authentic deliberation, not mere voting, is the primary source of legitimacy for the law. Deliberative democracy is related to consultative democracy, in which public consultation with citizens is central to democratic processes. The distance between deliberative democracy and concepts like representative democracy or direct democracy is debated. While some practitioners and theorists use deliberative democracy to describe elected bodies whose members propose and enact legislation, Hélène Landemore and othe ...
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Jury
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors. The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Republic of Ireland, Ireland. They are not used in most other countries, whose legal systems are based upon European Civil law (legal system), civil law or Islamic sharia, sharia law, although their use has been spreading. ...
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12 Angry Men (1957 Film)
''12 Angry Men'' is a 1957 American legal drama film directed by Sidney Lumet in his feature directorial debut, adapted by Reginald Rose from his Twelve Angry Men (Westinghouse Studio One), 1954 teleplay. A critique of the Juries in the United States, American jury system during the McCarthyism, McCarthy era, the film tells the story of a jury of twelve men as they deliberate the conviction or acquittal of a teenager charged with murder on the basis of reasonable doubt; disagreement and conflict among the jurors forces them to question their morals and values. It stars an ensemble cast, featuring Henry Fonda (who also produced the film with Rose), Lee J. Cobb, Ed Begley, E. G. Marshall, and Jack Warden. An independent film, independent production distributed by United Artists, ''12 Angry Men'' received acclaim from critics, despite a lukewarm box-office performance. At the 30th Academy Awards, it was nominated for Academy Award for Best Picture, Best Picture, Academy Award for B ...
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Hung Jury
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again. This situation can occur only in common law legal systems. Civil law systems either do not use juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a singular, solemn vote. Australia Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials. Canada In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selecte ...
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John Rawls
John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral philosophy, moral, legal philosophy, legal and Political philosophy, political philosopher in the Modern liberalism in the United States, modern liberal tradition. Rawls has been described as one of the most influential list of political philosophers, political philosophers of the 20th century. In 1990, Will Kymlicka wrote in his introduction to the field that "it is generally accepted that the recent rebirth of normative political philosophy began with the publication of John Rawls's ''A Theory of Justice'' in 1971". Rawls's theory of Justice as Fairness, "justice as fairness" recommends equal basic liberties, equality of opportunity, and facilitating the maximum benefit to the least advantaged members of society in any case where inequalities may occur. Rawls's argument for these principles of social justice uses a thought experiment called the "original position", in which people Deliberative ...
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Dialogue
Dialogue (sometimes spelled dialog in American and British English spelling differences, American English) is a written or spoken conversational exchange between two or more people, and a literature, literary and theatrical form that depicts such an exchange. As a philosophy, philosophical or didactic device, it is chiefly associated in the West with the Socratic dialogue as developed by Plato, but antecedents are also found in other traditions including Indian literature. Etymology The term ''dialogue'' stems from the Greek language, Greek (, ); its roots are (, ) and (, ). The first extant author who uses the term is Plato, in whose works it is closely associated with the art of dialectic. Latin took over the word as . As genre Antiquity Dialogue as a genre in the Middle East and Asia dates back to ancient works, such as Sumerian disputations preserved in copies from the late third millennium BC, Rigvedic dialogue hymns, and the ''Mahabharata''. In the West, Plato ( BC ...
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Group Decision-making
Group decision-making (also known as collaborative decision-making or collective decision-making) is a situation faced when individuals collectively make a choice from the alternatives before them. The decision is then no longer attributable to any single individual who is a member of the group. This is because all the individuals and social group processes such as social influence contribute to the outcome. The decisions made by groups are often different from those made by individuals. In workplace settings, collaborative decision-making is one of the most successful models to generate buy-in from other stakeholders, build consensus, and encourage creativity. According to the idea of synergy, decisions made collectively also tend to be more effective than decisions made by a single individual. In this vein, certain collaborative arrangements have the potential to generate better net performance outcomes than individuals acting on their own. Under normal everyday conditions, co ...
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Consensus Decision-making
Consensus decision-making is a group decision-making process in which participants work together to develop proposals for actions that achieve a broad acceptance. #Origin and meaning of term, Consensus is reached when everyone in the group ''assents'' to a decision (or almost everyone; see ''stand aside'') even if some do not fully agree to or support all aspects of it. It differs from simple unanimity, which requires all participants to support a decision. Consensus decision-making in a democracy is consensus democracy. Origin and meaning of term The word ''consensus'' is Latin meaning "agreement, accord", derived from ''consentire'' meaning "feel together". A noun, ''consensus'' can represent a generally accepted opinion – "general agreement or concord; harmony", "a majority of opinion" – or the outcome of a consensus decision-making process. This article refers to the process ''and'' the outcome (e.g. "to decide ''by'' consensus" and "''a'' consensus was reache ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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Reason
Reason is the capacity of consciously applying logic by drawing valid conclusions from new or existing information, with the aim of seeking the truth. It is associated with such characteristically human activities as philosophy, religion, science, language, mathematics, and art, and is normally considered to be a distinguishing ability possessed by humans. Reason is sometimes referred to as rationality. Reasoning involves using more-or-less rational processes of thinking and cognition to extrapolate from one's existing knowledge to generate new knowledge, and involves the use of one's intellect. The field of studies the ways in which humans can use formal reasoning to produce logically valid arguments and true conclusions. Reasoning may be subdivided into forms of logical reasoning, such as deductive reasoning, inductive reasoning, and abductive reasoning. Aristotle drew a distinction between logical discursive reasoning (reason proper), and intuitive reasoning, in whi ...
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Rationality
Rationality is the quality of being guided by or based on reason. In this regard, a person acts rationally if they have a good reason for what they do, or a belief is rational if it is based on strong evidence. This quality can apply to an ability, as in a rational animal, to a psychological process, like reasoning, to mental states, such as beliefs and intentions, or to persons who possess these other forms of rationality. A thing that lacks rationality is either ''arational'', if it is outside the domain of rational evaluation, or '' irrational'', if it belongs to this domain but does not fulfill its standards. There are many discussions about the essential features shared by all forms of rationality. According to reason-responsiveness accounts, to be rational is to be responsive to reasons. For example, dark clouds are a reason for taking an umbrella, which is why it is rational for an agent to do so in response. An important rival to this approach are coherence-based ac ...
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Phronesis
In ancient Greek philosophy, () refers to the type of wisdom or intelligence concerned with practical action. It implies good judgment and excellence of character and habits. In Aristotelian ethics, the concept is distinguished from other words for wisdom and intellectual virtues (such as and ) because of its practical character. Ancient Greek Philosophy Socrates In some of Socrates' dialogues, he proposes that is a necessary condition for all virtue, and that to be good is to be an intelligent or reasonable person with intelligent and reasonable thoughts. In Plato's '' Meno'', Socrates writes that is the most important attribute to learn, although it cannot be taught and is instead gained through the understanding of one's own self. Aristotle In Aristotle's work, is the intellectual virtue that helps turn one's moral instincts into practical action. He writes that moral virtues help any person to achieve the end, and that is what it takes to discover the means to gain tha ...
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