PHIL 2050 Lecture Notes - Lecture 21: Hideki Matsutake, Richard Posner, Syllogism
21 Mar 2016
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Document Summary
Law presents itself as being able to solve various social problems. Laws, as a self perception, presents itself as being able to provide rules and standards which are meant for us to follow. It provides answers and standards in the forms of norms. Attempts to expose and undercover the myths surrounding law"s self-image (critical and skeptical theory) the promises which laws make for societies: their ideals fall short. Laws never determine the law that we think binds judges, that they are constrained by law; the law never succeeds. There are never right answers, but only guesses and predictions. Review of law week (i) indeterminacy of individual rules and principles (ii) conflicts of rules and principles (iii) judicial power to change rules and re-weigh principles (iv) uncertainty of facts. If you add two rules, and norms, and principles, we will generate even more conflicts.
