The Yale Law Journal, Volume 81, Part 2Yale Law Journal Company, 1972 - Electronic journals |
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Results 1-3 of 87
Page 858
... judge has a duty to decide in a particular way , for the express reason that the law requires that decision . But it is a formidable problem for legal theory to explain why judges have such a duty . Suppose , for example , that a ...
... judge has a duty to decide in a particular way , for the express reason that the law requires that decision . But it is a formidable problem for legal theory to explain why judges have such a duty . Suppose , for example , that a ...
Page 873
... judges ought to do in controversial cases like the entrenchment case . It claims only that a social rule stipu- lates what judges are required to do in such cases ; the limit , that is , of their duties . If judges do disagree about ...
... judges ought to do in controversial cases like the entrenchment case . It claims only that a social rule stipu- lates what judges are required to do in such cases ; the limit , that is , of their duties . If judges do disagree about ...
Page 874
... judges are disagreeing about their political or moral duty as judges , but not about their legal duty . The only ground for this distinction is one which , in this context , plainly begs the question . The first thesis I dis- tinguished ...
... judges are disagreeing about their political or moral duty as judges , but not about their legal duty . The only ground for this distinction is one which , in this context , plainly begs the question . The first thesis I dis- tinguished ...
Contents
Legal Philosophy | 799 |
Legal Principles and the Limits of | 821 |
Social Rules and Legal Theory | 855 |
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