Exclusive positivists offer three main arguments for stopping at social sources. The first and most important is that it captures and systematizes distinctions we regularly make and that we have good reason to continue to make. We assign blame and responsibility differently when we think that a bad decision was mandated by the sources than we do when we think that it flowed from a judge&aposs exercise of moral or political judgement. When considering who should be appointed to the judiciary, we are concerned no
But these early debates over faith and evolution, while important, were largely confined to intellectual circles. The issue did not filter down to the wider American public until the end of the 19th century, when a large number of popular Christian authors and speakers, including the famed Chicago evangelist and missionary Dwight L. Moody, began to inveigh against Darwinism as a threat to biblical truth and public morality.Numbers, Facts and Trends Shaping Your World
Many standard accounts of the nature of law hold that law presumes and reflects a world-view in which the goal is to achieve a set of presumptively coherent and stable propositions. Whether this aim is understood as “the rule of law” (see, e.g., the entry on ), as the “internal morality of law” (see, e.g., the discussion of Fuller in the entry on ), or as “the soundest theory of the settled law” (see, e.g., the discussion of Dworkin in the entry on ), or in other si
McEnery, Tony & Wilson, Andrew (2001). Corpus Linguistics: An Introduction (2nd ed.). Edinburgh (UK): Edinburgh University Press.
This entry is in the provides a short introduction to the idea of reflective equilibrium for law students (especially first-year students) with an interest in legal theory. Although the primary emphasis will be on the role of reflective in normative legal theory, we will also investigate reflective equilibrium as a method for legal reasoning.Apply the constitutional principle directly to a question of constitutional law, using the principle as the justification for a constitutional rule or doc
Mouritsen, Stephen (2010). The Dictionary Is Not a Fortress: Definitional Fallacies and a Approach to Plain Meaning. Brigham Young University Law Review, 1915–1979. Available at digitalcommons.law.byu.edu/lawreview/vol2010/iss5/10.