CRIM 338 Lecture 10:
17 Dec 2019
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Document Summary
Natural law: judges use this nature of higher law (no more hole: positivist: exercise their discretion, create new law (tiny hole, new generation: dissatisfied with the above theories as it is outdated. Legal realist: under appreciate the hole of the donut. Some part of the donut but hole is really big. Judge can achieve their desire: dworkin, there actually is a donut. Says that he can offer this formula and if you follow those instructions, you will know how to fill in the gap. Legal decisions can change but all decisions must be relevant and not out of the blue. Ronald dworkin: dworkin"s theory of law: major points, objectivity: there are right answers to legal problems. Law is a gapless system, if judge applies law properly, --: principles: law is not just rules but contains principles, there is more to law.
