Law in Contemporary Society

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HowToBeARealist 8 - 29 Jan 2009 - Main.MichaelDignan
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This post is mostly about the interplay of social science and value judgments in Cohen's realistic judging. His description of the realistic judge can be found on page 842, but I think we can distill it down to the following simple instructions:
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 This post is in response to Andrew's post above. Calabresi & Melamud also note societal norms of wealth distribution as potentially valuable in making functionally sound decisions in torts and property. I like this concept, and I think the courts can, if they choose, make significant changes to structural inequities which elevate some groups at the expense of others. Unfortunately for me, I doubt that most judges share my views about wealth distribution. In fact, as a group, I would assume that judges have a lot invested (intellectually and financially) in maintaining the status quo. This doesn't, however, explain a doctrinal development like enterprise liability, which has had significant distributional effects.

-- WalkerNewell - 28 Jan 2009

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It seems to me that an underlying assumption in this line of thinking is that there are no reasons for choosing one ethical norm over another and that, ultimately, value judgments are capricious.

I don't think that arguing about ethical judgments is any less disempowering than relying on a lawyer to make arguments about transcendental nonsense.

-- MichaelDignan - 29 Jan 2009

At the very least, doing away with transcendental nonsense arguments would make prominent legal decisions more transparent to the public.

-- MichaelDignan - 29 Jan 2009

 
 
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Revision 8r8 - 29 Jan 2009 - 14:58:18 - MichaelDignan
Revision 7r7 - 28 Jan 2009 - 04:52:26 - MichaelDreibelbis
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