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Unformatted text preview: The Logic of the Triad Identify o All types of societies have people who bicker and cant work it out o Natural for people to turn to a third party o Used a method of solving problems as opposed to self-help Some cases cant be solved by self-help o Parties must consent o Distinguish judges and people of the law as separate parties o Judges not supposed to succumb to bias o The law and the rule of law are essential to upholding the logic of the triad Significance o Better than self-helpallows for neutral 3 rd party to come in o More stable by ruling on precedent o Way to look at the law making and issuing process o Shapiro argues that his relationship is largely unstable: has to be propped up After ruling, goes from a triad to two against one o Sets precedents o Unbiased and consistent Laws and the rule of law apply equally to all members of society o US v Nixon 3 rd party (court) interprets precedent and constitutiontapes relevant to case Self-help Identify o A method of settling disputes without consulting the law o No third party o Present to some degree everywhere o Both sides make concessions in pursuit of resolution o Go-it-alone: Litigant acts unilaterally o The Godfather: Litigant goes to a third party to act unilaterally Steps in to deliver justice o Mutual Accommodation: Litigants work it out without help Significance o Pros Tailored/Particularized Efficient Can engender mutual accommodation Parties in control Free from precedent o Cons No procedural checks against mistakes or arbitrary action Limited access Escalation (Eye for and eye) The Rule of Law Identify o Is the norm or expectation that legal disputes will be resolved according to pre-existing rules and procedures, regardless of the status of individual litigants o Basic characteristics of rules Generality, Equality, Certainty Freedom to decide what rules are necessary and what decisions need to be made Legal liberty Significance o Reinforces logic of the triad o Strengthens judicial system Eliminates bias since it follows precedent o Plays an important role as a neutral party o NY v Sullivan Rule of law is a powerful norm even though the Courts must rely on the power of the pen rather than the sword of the purse to initiate change o US v Nixon President of US not given special treatment o Watergate Nixon couldnt invoke presidential privilege Power of court triumphed, making Nixon resign US v Nixon Identify o Watergate: Democratic campaign headquarters o Began small, evidence against president grew o Deep-throat tapes in President Office o Nixon: presidents absolute privilege o Supreme Court ruled that in a criminal investigation Nixon had no presidential privilege and must handover the tapes Significance o Rule of law not given special treatment o Promise of law: orderly dispute resolution o Triad used discretion...
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- Fall '08