01:790:373 Lecture 6: Legal Reasoning
23 Oct 2018
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How does it contribute to legal change: the rule of law, the norm that underlies the practice of legal reasoning, what is it, a. v. Dicey: the supremacy of regular law v. arbitrary power, equality before the law of all persons and classes, law shouldn"t discriminate based on who you are. The law can"t say whites get away with it while blacks get arrested. Inherently within the rule of law is a notion of equality. The law seeks justice and justice doesn"t play favorites: incorporation of constitutional law as a binding part of the ordinary law of the land, america has written constitution, uk has unwritten constitution. Sources of law in the u. s. legal system: general rules made by legislative bodies, congress makes law. Statutes have the standard of law: particular precedents (past decisions of the court, the processes of legal reasoning. Risk to the rule of law: arbitrariness, precedents do not come neatly labeled.
