LAW 122 Study Guide - Midterm Guide: Arbitration Clause, Rescission, Uberrima Fides
16 Mar 2017
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1: we should promote good consequences & avoid bad ones, for all concerned, in the long run, happiness is good, pain is bad. In such cases, we need to do our best to balance competing principles & values, to figure out which reason are most weighty: there is no formula for doing so. Some consideration of precedent & analogy, in order to achieve sufficient consistency of judgment: where do we see ethics in the law itself. Ideally, all legislation should be aimed at promoting ethical values & principles, including: promotion of social well being, protection individuals rights. Check the preamble of any piece of legislation. At all levels, legal reasoning requires interpretation of laws & constitution, in light or fundamental values & principles. Judges at all level appeal to what is fair and reasonable and just. 2 other sources in calculating the sole proprietor"s personal tax liability.
