LAWS 1000 Lecture Notes - Lecture 6: Ratio Decidendi, Statutory Interpretation, Legal Realism
Document Summary
Obiter dicto = by the way/on the side as an aside things that the court says to clarify/elaborate/illustrate (not strictly binding) Statutory interpretation interpreting statutes interpretation of statutory law. At root, a toolbox, with many different tools, each of which is best for a specific task. Competing theoretical perspectives on law: legal positivism. Typically argues that law cannot be understood independent of the state. Legal positivists argue that law must be understood on its own terms . Many positivists seek to provide an account of law as a system (law isn"t random rules etc. it all makes sense if its interpreted successfully) Legal positivism set themselves against all those who argue that law is the best understood as an outgrowth of some broader conception of social justice or the common good. The law is what the state/relevant official of the state say it is/tells you what it is. = not law (not saying it"s not important)
