http://www.peterwall.net/2009/04/27/the-problem-of-persuasion/ by peter wall Sat, 04 Feb 2012 15:42:02 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.peterwall.net/2009/04/27/the-problem-of-persuasion/#comment-14137 Steven Wed, 25 Jan 2012 21:56:47 +0000 http://www.peterwall.net/?p=785#comment-14137 I, for one, would much rather have my guilt or innocence determined by a computer, than a lot of judges and juries who form opinions based on their own individual life experiances. I, for one, would much rather have my guilt or innocence determined by a computer, than a lot of judges and juries who form opinions based on their own individual life experiances.

]]> http://www.peterwall.net/2009/04/27/the-problem-of-persuasion/#comment-521 Peter Sun, 03 May 2009 04:37:29 +0000 http://www.peterwall.net/?p=785#comment-521 Yes, judges are human. I think a lot of the legalists and advocates of "neutral principles" are really looking for a system that eliminates human biases, that turns the law into a computer for spitting out "correct" answers every time. And I want it to work that way, too. But the longer I think about it, the more I think that's exactly what law, perhaps by <em>definition</em>, is not and cannot be. Which is frustrating. So I write about it. Yes, judges are human. I think a lot of the legalists and advocates of “neutral principles” are really looking for a system that eliminates human biases, that turns the law into a computer for spitting out “correct” answers every time. And I want it to work that way, too. But the longer I think about it, the more I think that’s exactly what law, perhaps by definition, is not and cannot be. Which is frustrating. So I write about it.

]]> http://www.peterwall.net/2009/04/27/the-problem-of-persuasion/#comment-520 Rebecca Sun, 03 May 2009 01:16:50 +0000 http://www.peterwall.net/?p=785#comment-520 "Sore thumbs" reminds me of my social psychology class and social identity theory, i.e. how/why humans categorize, identify with and compare groups of humans. Due to the nature of how humans categorize, we tend to notice "sore thumbs" more often than when all members of a group are essentially the same. "Some S are not P" versus "All S are P" to put an Aristotelian spin to it. Or, more simply, judges are human too. “Sore thumbs” reminds me of my social psychology class and social identity theory, i.e. how/why humans categorize, identify with and compare groups of humans. Due to the nature of how humans categorize, we tend to notice “sore thumbs” more often than when all members of a group are essentially the same. “Some S are not P” versus “All S are P” to put an Aristotelian spin to it.
Or, more simply, judges are human too.

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