01:790:373 Lecture Notes - Lecture 10: Uniform Commercial Code, Behaviorism, John Dewey
27 Feb 2017
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Aka: formalism, mechanical jurisprudence, slot machine jurisprudence. New in late 1890s: attack on earlier methods of jurisprudence: earlier methods: follow precedents when clear, otherwise pursue most just solution, best public policy. Precedent should always triumph over justice or policy. If there is no clear precedent, make one and then follow it in subsequent cases. Law as a complete and autonomous system of logically consistent principles, concepts and rules. Each eld of law should be derived from a few fundamental axioms, rules, or corollaries. A conceptual order would result: could be complete. Supreme court con rmation hearings: judge as neutral umpire. (1860 - 1890) from agriculture to industry: growth in scale of economic organizations: horizontal integration, multi-functional managerial capitalism: vertical integration, economic system became much more complex. There were no precedents for these new entities, they had to be made. Laissez faire economics, social darwinism, as a guide.
