Law and Lit FINAL

Law and Lit FINAL - Law and Lit Overview It is often said...

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Law and Lit Overview It is often said that we live in a society governed by the rule of law rather than the passions and whims of particular individuals. Formalism : is a highly deductive approach to legal reasoning that understands the legitimacy of law to reside in the fixed immutable meaning of legal rules. Formalists attempt to adhere strictly to the letter of the law, even if the outcome in a particular case seems unwise or unjust. In contrast to a strict adherence to the letter of the law, Equity : involves making special exceptions in the law for unique cases and molding the law to reach just outcomes. Billy Budd: Herman Melville’s Billy Budd, published posthumously in 1924, explores the relationship between the letter of the law and equity . As you read the book, think about how Captain Vere describes the dichotomy between the rule of law and “moral scruple.” Does this dichotomy necessarily have to exist in the case of Billy Budd? Does Vere really adhere to the rule of law or do his passions infect his
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This note was uploaded on 12/17/2010 for the course POLT 407 taught by Professor Siggelakis during the Fall '10 term at New Hampshire.

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Law and Lit FINAL - Law and Lit Overview It is often said...

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