LEGAL 250 Lecture Notes - Lecture 7: Black Letter Law, Moodle, Judicial Activism
16 Oct 2017
School
Department
Course
Professor
Document Summary
Rhodes and the evil of publicity for such trifling matters still with us? (see talbot"s. Precedent as janus faced (i. e. strict v. loose) Law is what is read, not what is written - all black letter law (be it statutory or. The question: how do judges read it and construct interpretations (i. e. make decisions. Classical legal thought - formalism and positivism (discretion ought not matter) Positivism; law is what is produced by reliable sources. Theory that rules come in particular formal bodies and they stand separate from other social and political institutions the fact to rule to produce reasoned outcome rationalization. Realistic legal thought - realism (discretion is a big player) Myth or perception (i. e. mechanical jurisprudence): judge as machine/algorithm applying. Reality (i. e. sociological jurisprudence): judges reason like the rest of us - from hunch to. Hunch producers: 1) rules and principles of law 2) the political economic, and more.
