Philosophy 2080 Study Guide - Ginger Beer, Nervous Shock In English Law, Legal Realism
9 Feb 2013
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Legal realism- a criticism of common law the claim that judges discover the law is untrue, but that judges decide the law based on their internal view of the world find cases to rationalise decisions. Positivistic- the law is what it is ; as written by the sovereign, legislature or by judges e. g. inalienable human rights, etc no laws or rights except those that are written. Fix or right a wrong: distributive justice. Utilitarianism: about loss spreading, but doesn"t take the person or individual seriously. Manufacturer admitted to the claims, but said none of the claims were illegal (at the time in bottle of ginger beer contained a decomposed snail opaque bottle she did not buy the bottle; her friend did. Scotland there were no precedents for this kind of case) General statement of law needed to deal with this case and others like it:
