Law in Contemporary Society
1-17-08 &#8211 - Thursday

  • vegging out (watching TV) is a hindrance to memory retention/improvement
  • try meditation

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
  • focus on the practical consequences (what the law does, not what it says)
  • the limiting principle of legal realism (how much extra-textual knowledge one should have) is where the public force will be applied

2 fallacies:

  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

  1. 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
  • The language of judicial decisions is that of logic
  • Holmes uses it as term of derogation in his opinions
  • Any proposition can have a logical form
  • To say that legal consequences occur as deduction from axioms is wrong

  • The sound of the new century: “But certainty is generally illusion, and repose is not the destiny of man.
  • Creativity emerges from focus


 

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r2 - 17 Jan 2008 - 21:15:34 - FeliciaGilbert
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