Philosophy 2080 Chapter : Hart & Dwarkin
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10 Apr 2012
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Hart has a story about vehicles in the park. The words of the law are clear and judges just have to apply them. (it is hard to figure out what a case stands for reasoning . different people draw different things from cases) When cases are published, they are published with a head note. Heat: in order to understand the case= you can just read the head note. Heart: sometimes the law is vague and it is not clear what should happen; judges have discursions that they are expected to use. So a case could go either way and judges must make a decision. Hart: some hard cases judges must exercise reasonable discretion. [ a reasonable way to do this is to consider social policy] Judges are not elected reperstivies- true in all great britain and canada and in some jursisticans of the united states. Some jurisdictions in the united states they are elected (must run campaigns)
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