10-14-08

10-14-08 - WEEK FOUR, INTRO TO LAWSO 1 10/14/08 (Oliver...

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WEEK FOUR, INTRO TO LAWSO 1 – 10/14/08 (Oliver Wendell Holmes, Karl Llewellyn, Martin Luther King) Oliver Wendell Holmes, “The Path of Law” (1897) : The Purpose of the Law : to maintain order while enabling change. Objective of the Legal Profession : to predict what courts will do, and advise their clients accordingly. Principles : o There is a difference between “law” and “morality”. o To understand what constitutes the law is to prophesize what courts will do. o Legal duty is a prediction that if someone does/doesn’t do something, he will be made to suffer a consequence by judgment of a court The “Bad Man” Helps Us Understand the Law : Law v. Morality : The bad man might be immoral, but he has as much reason as the good man to fear the law. Obedience : the bad man will obey the law for fear of punishment Holmes’ Critique of Legal Realism ; (Classical legal consciousness, moving toward legal realism) Law is not like math : it doesn’t follow (only) predictable and permanent rules. “Knowing law requires more than logic : it requires understanding and taking advantage of “habits of the public mind” which can change Stability and Change : “the rational study of law is still to a large extent the study of history” but it is important to move toward a “deliberate reconsideration of the worth of those [historical] rules (p. 55).
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10-14-08 - WEEK FOUR, INTRO TO LAWSO 1 10/14/08 (Oliver...

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