legal consideration in the absence of representation
Posted: February 2nd, 2015, 11:14 am
Legal realism can roughly be characterized by the following claims:
1. the class of available legal materials is insufficient to logically entail a unique legal outcome in most cases worth litigating at the appellate level as indeterminancy
2. judges make new law in deciding legal disputes through the exercise of a lawmaking discretion (the Discretion Thesis); through the act of determinancy.
3. judicial decisions in indeterminate cases cannot be influenced by the judge’s political and moral convictions, as legal consideration. They would only be considered indeterminate, not worthy or capable of decision.
4. judicial decisions in determinate cases cannot be influenced by the judge's political and morel convictions, as legal consideration.
5. there are no legal considerations in the absence of representation.
1. the class of available legal materials is insufficient to logically entail a unique legal outcome in most cases worth litigating at the appellate level as indeterminancy
2. judges make new law in deciding legal disputes through the exercise of a lawmaking discretion (the Discretion Thesis); through the act of determinancy.
3. judicial decisions in indeterminate cases cannot be influenced by the judge’s political and moral convictions, as legal consideration. They would only be considered indeterminate, not worthy or capable of decision.
4. judicial decisions in determinate cases cannot be influenced by the judge's political and morel convictions, as legal consideration.
5. there are no legal considerations in the absence of representation.