HUMA 1825 Lecture Notes - Totalitarianism, Legal Positivism, Erectile Dysfunction
6 Nov 2012
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It is illustrative of the positive law; the law as it is instead of meshing of the law, as it ought to be. The appellate asks the court to re-write the law, and enforce the law and it is, not as it ought to be. The court enforces the law literally (as it is written) Often cited as a good example as the literal meaning defeating the intent of parliament. The appellant likely knew that it was wrong and illegal to vote under someone else"s name (fraudulent) This case clearly separates law and morality: what is morally wrong to us, isn"t necessarily legally wrong. The problem is the statute: law by parliament: as it is worded: here the craftsmanship is important because the law as written doesn"t fit the facts. Facts: whiteley impersonated someone at an election, marston, he was qualified to be elector but he was dead before the election.
