JSB171 Lecture Notes - Lecture 1: Isaac Isaacs, Categorical Imperative, Precedent
Document Summary
So far this semester we have looked at: Direct sources of law (in historical and institutional senses): legal history, legal institutions. These have all been relatively definite or rule-based" topics (even if some issues can be argued both ways). This lecture looks at judicial reasoning when it"s broader than just applying a precedent in other words, how and why new rules are made. Also, what second order" sources do they use the reasons why a rule is made into law. If it is connected with morality, then whose?) and on activist vs. formalist judges. This has some connection with this material some judges will be activist because they think the law should be more moral, others because they think the law should be more practical (from the perspective of business people). But this is not actually the topic of this lecture .
