Law in Contemporary Society

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JasonLissySecondPaper 3 - 07 Jul 2009 - Main.JasonLissy
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Individual Narrative & Legal Narrative - Originally by MichaelDignan?
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 For example, when legal logic becomes an entire basis for decision and oversteps its purpose as a limited aid, it serves to obscure decision-making and deprives the judicial system of the predictability originally sought. Similarly, placing a premium on evidence entered by witness testimony elevates the ability of subjective observation and human bias to create injustice.
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<		Future drafts should interrogate the need for judicial formalisms. If the certainty benefit thought to be derived from formalisms is discovered to be ill-founded or if formalisms are found only to mask capriciousness in judicial decisionmaking, we must construct a new narrative transaparent in its evaluations and the inputs considered. Should formalisms possess the utility suggested above, solutions which preserve this utility and are responsive to the over-reliance concern should be devised.
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>		Future drafts should interrogate the need for judicial formalisms. If the certainty benefit thought to be derived from formalisms is discovered to be ill-founded or if formalisms are found only to mask extant capriciousness in judicial decisionmaking, we must construct a new narrative transaparent in its evaluations and the inputs factored. Should formalisms possess the utility suggested above, solutions which preserve this utility and are responsive to the over-reliance concern should be devised.
 
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<		To Be Continued...Wed. July 8.
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>		Note: My revisions stop here, as I doubt the two additional inquiries listed in the preceding paragraph could be dealt with adequately in the next 200+ words. It may be possible and useful to discuss the possibilities for a legal narrative without many formalisms, though I'm not sure my thoughts differ from those brainstormed previously (JasonsQuestion2LegalConsructs)(JudicialResistanceandLegalChange).

Revision 3r3 - 07 Jul 2009 - 12:19:23 - JasonLissy
Revision 2r2 - 07 Jul 2009 - 04:49:10 - JasonLissy
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