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Philosophy (290)

Hart & Dwarkin

3 Pages

Course Code
Philosophy 2080
Connor Fraser

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HartDwarkinHard CasesHart has a story about vehicles in the park Heart says some cases are easy cases 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 casesWhen cases are published they are published with a head note This summarizes the caseHeat in order to understand the case you can just read the head noteHeart 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 decisionHart suggests is that where a case is vague and it seems that no particular decision is dictated by the case one reasonable thing for judges to do is to consider what would be a appropriate social policyo Moran Hard Cases hard cases are those cases where it is not clear what the president means for a particular case where the words of the law are insuffienct to determine what a similar case could beHART 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 Canad
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