• Why are we catering to the "bad man?"

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

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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