PHIL 2050 : Laws as Rules and Principles (oct 29th).docx
21 Dec 2013
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Laws as rules and principles, con"t (oct 29th) Last class a theory of law which focuses entirely on rules will overlook the existence and importance of principles in law, which are most visible in judicial decision-making. Principles operate with terms such as reasonable or unfair, which require interpretation. Rules ex: must be 35 to be a senator. Principles: no one may profit from their own wrong. General difference: rules apply in an all or nothing way, while principles contribute to buy do not require any specific decision. So long as they can be shown to explain or justify existing law, principles need not be explicitly recognized to be binding. Principles are binding, but hey are not valid according to any rule of recognition. The origin of these as legal principles lies not in a particular decision of some legislature or court, but in a sense of appropriateness developed in the profession and the public over time.
