LWSO 201 Lecture Notes - American Civil War, Legal Positivism, Legal Formalism
12 Mar 2013
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Incorporates human agency rules are just words on a page if we don"t look at how people behave: they are only implemented by people, focuses on the individual and what each person brings to the table b) Sceptical that judicial reasoning is neutral; views it as a judgment and value laden activity. Interdisciplinary c) d) e) f: law is a part of a larger and more complex system, ex. Technology influences the law, and law is still catching up with. Immoral people obey the law because of this prediction mathematics, it"s human agency) b) c) d) e) Rights and duties are also predictions: a duty is a prediction that if a person does or refrains from doing a certain thing, he will be made to suffer in a certain way by the courts. It is wrong to consider that the only force at work in the development and application of the law is logic.
