LAWSO 1 10-02-07

LAWSO 1 10-02-07 - Ideological function of the law is to...

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The Law is some tricky sh#t!
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Oliver Wendell Holmes Jr “Young man, the secret of my success is that at an early age I discovered that I was not God.” Appted to Mass Supreme Judicial Court, 1899 Sat on US Supreme Court, 1902-1932 Known as the Great Dissenter
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We should be eternally vigilant against attempts to check the expression of opinions that we loathe.
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1919 decisions on the constitutionality of Espionage Act Schenck Frohwerk Debs Holmes emphasized the importance of CONTEXT in each case.
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Schenck v US 1919 The question in every case, whether the words used as used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree .
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The Law is some tricky sh@t !!!
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Unformatted text preview: Ideological function of the law is to downplay the perspective of the litigant in favor of the judges interpretative act. Parable A device that reveals a moral lesson through a simple story. What is the moral of Kafkas parable? Before the Law, Franz Kafka What is the Law? What is the door? What is the gatekeeper? Recall what the gatekeeper says: If it tempts you so much, try it in spite of my prohibition. But take note: I am powerful. And I am only the most lowly gatekeeper. What is the Law? Freedom? The thing you must be in accordance with? The place everybody is trying to get to? The Law is some tricky sh#t! The door Here no one else can gain entry, since this entrance was assigned only to you. Im going now to close it. The gatekeeper At least two possibilities: Judgment The mans conscience The Law is some tricky sh#t!...
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This note was uploaded on 03/05/2009 for the course LAWSO 1 taught by Professor Spearit during the Fall '07 term at UCSB.

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LAWSO 1 10-02-07 - Ideological function of the law is to...

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