POLI 347 Lecture Notes - Lecture 7: Harm Principle, Legal Positivism, Reproductive Rights
Document Summary
(oct 14) interpretation and adjudication: the role of judges. Readings: dyzenhaus, law and morality: sims"s case, 185-193; riggs v. palmer, 140-146. Fugitive slave must be returned to his master, just as a fugitive from justice must be. The case in concerned with whether the commissioners appointment was an. Unconstitutional exercise of judicial power; because fugitive slaves were not entitled to a jury trial and the commissioners decision is conclusive. So trial is concerned with whether the commissioner has the authority to decide the movement of the fugitive slave. Argument is that the fugitive slave act is pre-requisite to the stability of the nation. Case is about principle and statutory interpretation (so government law and constitution). Right of an heir to inherit from the grandfather he murdered. Murder of the grandfather (testator) grandson was the (legatee) the beneficiary of the will (he would have inherited the farm): raises questions between moral principles and statutory interpretation.
