The Case Of The Speluncean Explorers

The legal philosophy of deciding the field based on the facts and not emotions as expressed , to varying degrees , by justices create from raw material , expert and crisp were the most persuasive for me . Justice create from raw material s arguments were the best of the group . The others add needless levels of complexity to the append because they are unable to divorce themselves from the issues and decide based on logic . This is the only viable option in this case . Handy , while absolutely correct in his thoughtfulness that the difficulties in deciding the case were based on the inability of his brother justices to divorce themselves from their feelings and decide the case on the sensible facts as they were presented to the court falls short of providing a cause solution to the problem (Handy 25 . When Handy adopts this course he becomes guilty of a variant of Foster s absolute evidence that he knows how the law was intended to function ( Tatting 10 .

Instead of rewriting the law so that it delivers the intended results Handy uses personal experience , which may not mirror that of the predecessors on whose work he is ruling . Thus he may be reaching wrong conclusions because he starts out with blemish premises . He is certainly guilty of judicial activism . Truepenny advocates allowing earthly concern opinion be allowed to guide the court . Foster compulsions to bring through legal fantasy as an excuse for judicial activism . Keen asks for fidelity to the law , but wants to tell lawmakers that they need to consult...If you want to get a full essay, order it on our website: Orderessay

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