The Judicial View Point

Greenawalt develops the view that legal rules take in determinate (unambiguous) practical applications, further not without important qualifications. For spokesperson, he explains that it is necessary, but not sufficient, for determinacy that at that place be widespread, majority agreement just about the meaning of a constabulary. Coupled with that is an otherwise condition, "that no virile argument for a contrary result be agreeable with the premises of the legal system" (Greenawalt 39; emphasis added). This secondly condition is important because it keeps the judgment of determinacy well within the saltation of the rule of truth, reserving for a different strand of thought the point that within the premises of a moral system in that respect might exist strong arguments against whatever adjudication is made in a demoten case or in the establishment of statutory law. By the same token, that condition reserves the event that within the premises of a logical system there might exist arguments against such adjudication. In that regard, Greenawalt asserts that it is improper to train the law's indeterminacy on the ground that the adjudication might be derived from variant or legal reasoning. He bases the assertion on the "application of norms" (40) as the (limited) consequence of adaptation and reasoning.

Indeed, it is inconceivable that anything except interpretation and/or legal reasoning would be properly brought to move over on the determination of a difficult legal question. Where interpretatio

Greenawalt, Kent. Law and Objectivity. New York: Oxford UP, 1992.

The foregoing considerations argon in the background of Greenawalt's statement that a legal firmness "should encompass only acts that are or might belike be within the domain of particular legal standards" (40). formerly such a qualification is imposed on the process, wiz may proceed to the issue of "the frequency with which legal materials give distinct answers" (40). Greenawalt takes the view that far, far more often than not, definite answers are to be found in the law that direct meaning and relevance to the conditions of experience.

Indeed, as he shows in the example of a city ordinance that requires dogs to be leashed, even where the law is not explicit down to every single slender little detail, meanings are nevertheless made and further, deliberate misconstrue of meaning or idiosyncratic interpretation of a law that has the same effect as having followed the law is no demurral against riveing the law. Thus in the example, Olive cannot claim that she fate not leash her dog because she has it under control without doing madness to either the letter or meaning of the law. On the other hand, Quentin can plausibly claim that he did not break the law because the broken leash, which is no fault of the owner, falls outside(a) the domain of the legal standards by which violations may be judged.

n were tainted by religious or political bias, then(prenominal) of course the issues at law would be indeterminate, either potentially or actually. For example, judges and legislators who bring their religious convictions to bear on political decisions and let or insist that their personal or doctrinal views inform their decisions and arguments beg the question of indeterminacy of the law. In particular, the modern American system is meant to explain policy check to the secular law, not according to divine law. Similarly, debating national governance or arguing points of law in religious or moral terms is dangerous to leg
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