PHL 227 4-23

PHL 227 4-23 - The referee in a particular game has a free...

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Originalism: the words and phrases in the constitution should be taken to mean what hey would have been understood to mean at the time they were ratified. Argument from the nature of law: 1. A law is a rule that cannot be changed except through prescribed procedures. The rules of the games are what the referee calls. Any referee is free to call a game however he or she likes.
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Unformatted text preview: The referee in a particular game has a free hand in deciding what they want to call Referees have guided discretion. 1. The laws are the words on paper in the statue books and the Constitution. 2. The laws are what the body of judges enforce. Judges have guided discretion and the practice of deciding cases evolves over time in addition to any legislative changes....
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