UNIV 3784 Lecture Notes - Lecture 9: Intrinsic Fraud, Unconscionability, Voting Age
Document Summary
Judges work is finished once they"ve found the facts. Clear connection between the command and the substantive purpose. What do they look like (too fast for conditions; voting age= age of wisdom and maturity. Theory of dynamic stability of rules: people will invest in learning them and eliminate. Standards: incentivize ignorance and dependence on state vs incentivize good faith and. Better tailored to fulfill the purpose of the legal command. In the real world of adjudication do they live up to their promised virtues? cases of over and under inclusion reasonableness. Contemporary individualism seems to have gotten over realism as well as apologetics, exuding muscular moral confidence and worshiping at the neoliberal altar of freedom of choice. At common law, no policing for seriously unfair deals. A similar development is evident in the contemporary politics of rules and standards, the. Rules vs standards neoformalist dimension of this neoliberal movement. Judges tend to take standards and rule-ify them today.
