Law in Contemporary Society
-- JackSherrick - 16 Jan 2021

Usually I take my notes on a Google Doc but I'll do it here for this course. It gives me a chance to experiment with the site mechanics and if anyone wants to comment on my notes feel free! They're usually pretty scatterbrained and fragmented fyi

-- JackSherrick - 16 Jan 2021

 

Path of the Law

  • Legal duty is prediction that if a man does or omits certain things he will be made to suffer in this or that way by the judgement of the court
  • Law and morality
    • moral rights are not equally legal rights
  • If you know nothing else, can you know the law?
  • Law constrained by morality
  • Morality constantly/arbitrarily changes (anti arc of moral universe view)
  • Where law comes from?
  • Fallacy - only force at work in the development of law is logic (8)
  • No "correct" laws, not mathematical
  • Do individual rights naturally infringe upon each other?
  • "imitation is a necessity of human nature" (11) role of tradition
  • Best laws serve articulated ends
  • "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV" (12)
    • tag jurisdiction
  • Tradition overrides rational policy and augments its own importance
  • Law and economics
  • Following existing body of dogma into highest generalizations, then look at history, then ends of laws and why those are the ends
  • Why are we catering to the "bad man?"

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r2 - 20 Jan 2021 - 18:08:01 - JackSherrick
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