PHL271H1 Lecture : PHL271 M Sept 19 Lecture 2.docx
Document Summary
Majority; statute leads to an immoral result, general principle in the law that no man should profit from his crimes. Judges under a duty to reach a moral result. Judge can be characterized as a natural lawyer. Dissenting; read the law as it stands, not according to conscience, but to read the law literally; amend present law. Look to law, not to morality is a legal positivist view, deny connection. There exists a core and penumbra to law. No matter how carefully a rule is made, it cannot accomplish complete clarity or predict the future. Care of determinate meaning; meaning of rule can be worked out by factual rather than actual tests. Penumbra does vehicle include bicycles, motor scooters etc. Judges settle controversy over the application of the rules. Any case that gets into the courts where it is a question of law will take place in the penumbra, not the core; core cases rarely make it to court.
