PHIL 3040 Lecture Notes - Lecture 5: Legal Certainty, Phycology, Rulemaking
11 Oct 2018
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Law as a product of the cortes decision (frank) Do judges power and right include making and changing the law- conventional view- law making as the proper domain of the legislators power and judiciary"s job is simply to apply the law. Minority view, to which frank subscribes, holds that judges make and change the law. He writes to speak of settled law as governing that ante-dating the decision of the supreme court is mere verbiage . Until a court has passed on those facts now law on that subject is yet in existence. They already have a conclusion that they then try already have conclusion that they then try to find premises to substantiate it. 1)john grey- a legal theorists holds that judges make law, when they make or change rules in the count house, law making is legal rule making. The law is simply the role of decision, which the court lays down.
