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PHL271 M Sept 19 Lecture 2.docx

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David Dyzenhaus

PHL271 M Sept 19 2011 Riggs v Palmer Continued Lecture 2Riggs v Palmer majority statute leads to an immoral result general principle in the law that no man should profit from his crimes judges under a duty to reach a moral result judge can be characterized as a natural lawyer Dissenting read the law as it stands not according to conscience but to read the law literally amend present law look to law not to morality is a legal positivist view deny connectionlaw is an instrument of powerDworkinendorses the majority decision Hart thinks both judgements are wrong there exists a core and penumbra to law no matter how carefully a rule is made it cannot accomplish complete clarity or predict the future care of determinate meaning meaning of rule can be worked out by factual rather than actual tests Penumbradoes vehicle include bicycles motor scooters etc judges settle controversy over the application of the rules any case that gets into the courts where it is a question of law will take place in the penumbra not the core core cases rarely make it to court get rid of the fiction that judges dont make law law doesnt say you cant take if you kill your grandpa nor does it say you can in the penumbra judges must examine social policies there is no necessary connected between law and morality by showing that the penumbra is not necessarily a moral question penumbra is unsettled law most law is core law because it does its job large part of the law is settled law its true that sometimes we can look closely at the law that have policies which dictate an answer values found in the law tell the judge how to make a decision even if there was controversy on what the law required in the case legal laws are not moral laws law creates obligations that arent necessarily mor
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