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Introduction

Toward Normative Jurisprudence

Published online by Cambridge University Press:  05 June 2012

Robin West
Affiliation:
Georgetown University, Washington DC
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Summary

Lawyers, judges, legal scholars, and law students – collectively, the legal profession – all, at various times, criticize, pan, praise, or laud laws. Thus, lawyers are inclined to say, in any number of formal and informal contexts, “this law is a good law (or a bad law),” or “this regulation is a godsend (or a calamity)”; “that piece of legislation is a breach of trust (or an act of good faith)”; “that legal regime, even, is a boom (or a bust) for mankind.” How do we do that? What is it that lawyers know, if anything, about law, society, or political morality that informs their nonadversarial critical work? Somehow, the scholar, judge, American Law Institute committee member, legislator, or student reaches a judgment that a strict liability rule with respect to automobile accidents or defective products is better than a negligence regime, that the holder of a promissory note should take that note free of defenses on the basis of fraud in the underlying transaction, that a sexually harassed worker should have a cause of action under Title VII of the Civil Rights Act, and that the First Amendment should protect purveyors of hate speech no less than advocates of evolution or creation science against state censure. Knowledge of the law that exists cannot alone generate the basis of our conclusions regarding the law that ought to be – although it is surely true, as countless scholars have pointed out for the past one hundred years, that our judgments regarding the law that ought to be influence our understanding of the law that is.

Type
Chapter
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Normative Jurisprudence
An Introduction
, pp. 1 - 11
Publisher: Cambridge University Press
Print publication year: 2011

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  • Introduction
  • Robin West, Georgetown University, Washington DC
  • Book: Normative Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139043922.001
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  • Introduction
  • Robin West, Georgetown University, Washington DC
  • Book: Normative Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139043922.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Robin West, Georgetown University, Washington DC
  • Book: Normative Jurisprudence
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139043922.001
Available formats
×