UNIV 3784 Chapter 6: UNIV 3784 Chapter : readings gah
Document Summary
Likes jazz, reads spy and mystery novels, an avid sports fan, liberal. Influenced by fullers consideration and form in the first article. A self-deprecating sense of humor, broadly humanist, if often tragic, sensibility and. Different modes of judicial reasoning expressed different policy objectives. In macaulys mind transactional policy is expressed when judges reason on case by case basis seeking to carry out particular transaction. American docrine not clear and easy to apply, rather it is contradictory, uncertain, and offers arguments rather than answers. Gap in law in action and law in books. Litigating to enforce a contract is a waste as damages are rarely forthcoming from legal system- Functional policy courts should pursue creation of generally applicable rules. Offers set of bargaining chips and procedural possibilities which can be played in various ways. Focuses on types of parties more likely to use and others disregard the legal system. Not all haves are repeat players but many are.
