of time partly because of an inherent balance of specificity generality and

Of time partly because of an inherent balance of

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of time, partly because of an inherent balance of specificity, generality, and flexibility (5) laws are promulgated and interpreted by human beings, and thus, are imperfect; (6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws;
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(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical; (8) U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors; (9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation - every right granted to an individual or group, to some extent, impinges on the rights of another individual or group; (10) legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair - this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights; example: highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the
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freedom of drivers to drive at a speed of their choice - on
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  • Fall '14
  • AndrewR.Johnston

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