JLC-110 FA2 Lecture Notes - Lecture 16: Legal Realism, Precedent, Fide

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Argues that bentham and austin have been mischaracterized as dry analysts who do not care about morality. Both are utilitarians, which is a moral theory that states that whatever has the best consequence is what is the correct action. Separation theory is that in the absence of an expressed constitutional or legal provision, it does not make sense that because a rule violates standards of morality that it is not a rule of law. It also does not follow that from the fact that a rule would be morally desirable that it is a rule of law. Law usually develops out of morality but it is not necessary for its formation. Development of legal system had been powerfully influenced by moral opinion. Moral standards have been profoundly influenced by law. Some explicit legal provisions include moral principles and courts are often legally bound to decide in accordance with what they consider just.

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