Philosophy 2080 Study Guide - Midterm Guide: Res Ipsa Loquitur, Precedent, Distributive Justice
4 Dec 2017
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Read: intro to tort, weinrib, donaghue vs. stevenson. What is law: set of rules, enforced by the state. Common law: made up of principles, made up of reason, judge-made law collection of the decisions of judges, starts around 1066 a. d. william the conqueror conquers england. Relied on predominant law of england to make his case for why he should rule. King"s court of law people liked this because king"s rule was relatively consistent from case to case. King appointed judges to head up different courts. Once going to a court became more popular, this became common around. Only part of it is binding: the reason for the decision. The reason for the decision becomes a legal principle ratio decedendi: obiter dicta things that are the said by the way" how a judge came to the reasoning for the decision. For trial by combat, you were allowed to appoint someone to fight for you.
