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Topic: |
Philosophy
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Number of pages / Number of words: |
7 / 1837 |
Essay's paper body
The idea of law as solely a father figure as discussed is naive and scornful of pretty much any other jurisprudential reasoning. Even the natural law theory compounds a mode of direction for judges to apply principles, so it is insufficient to say, as Frank necessarily did, that a judge has no obligation to defer to some legal reference in adjudication...
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Even the natural law theory compounds a mode of direction for judges to apply principles, so it is insufficient to say, as Frank necessarily did, that a judge has no obligation to defer to some legal reference in adjudication. However we must recognise that few realists would support this fact scepticism, and I will proceed in this essay by considering realism as moderate American Realism, that rules are not always determining decisions, or more appropriately, that rules are not the operatively determinate factor in decisions...
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General points of the essay
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