Law in Contemporary Society

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ClassNotes2008Jan17 4 - 17 Jan 2008 - Main.FeliciaGilbert
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  • vegging out (watching TV) is a hindrance to memory retention/improvement
  • try meditation
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<		Holmes – The Path of the Law
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>		Holmes - The Path of the Law
 
  • Intro to 19th C. legal realism
  • knowledge of the law requires looking at it as a bad man would
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 2 fallacies:
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  1. confounding of morality & law
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>		1) confounding of morality & law
 
  • contract law - formalism (offer & acceptance) v. realism (damages)
  • separate moral stock from legal talk
  • isolate the language of the law
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  1. the notion that the only force at work in the development of law is logic
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>		2) the notion that the only force at work in the development of law is logic
 
  • Logic results from the human need to comprehend our environment
  • we impose logic on the structure of the universe
  • logic is a human frailty
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  • Any proposition can have a logical form
  • To say that legal consequences occur as deduction from axioms is wrong
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  • The sound of the new century: “But certainty is generally illusion, and repose is not the destiny of man.
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  • The sound of the new century: "But certainty is generally illusion, and repose is not the destiny of man."
 
  • Creativity emerges from focus


Revision 4r4 - 17 Jan 2008 - 21:23:01 - FeliciaGilbert
Revision 3r3 - 17 Jan 2008 - 21:18:22 - JosephMacias
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