intro by Wittgenstein

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									          Today’s Lecture:




     The Birth and Significance of
            Common Law




Session


 3
Summary of the Issue
Legislatures        Courts


         statutes        decisions
Assembly Parliament
  Political
     Legislatures        Courts
             Congress
 Assembly


              statutes        decisions
    Legislatures                       Courts


              statutes                      decisions

verbs for who is wielding this power



        Legislatures

               enacting, passing,
                  legislating
    Legislatures                       Courts


              statutes                      decisions

verbs for who is wielding this power




         King

             proclamation (ing),
                decree (ing),
              pronouncement
  Legislatures           Courts


              statutes        decisions




Stating law
    Legislatures                           Courts


                statutes                        decisions

Other names for this kind of law:


  -- “codified” law (“code books”)
  -- statutory law
  -- “statutification” (proliferation of
  statutes)
    Legislatures                  Courts


               statutes                decisions

Examples of this kind of law in
history:

       Twelve Tables

       Code of Hammurabi

           Stimulus Bill

       Health Care Bill
    Legislatures                     Courts


              statutes                    decisions

Important develops and ideas:

    State the Law!
         -- formal articulation
         -- externalized from the
         lawgivers (something
         separate)

    Universality
         -- everyone subject to it
         “the rule of law”
    Legislatures                      Courts


              statutes                     decisions

Important develops and ideas:

     Non-Justific
     -- doesn’t have to be fair or
     moral or correct or good to be
     passed into “law,” and
     therefore to BE law.
     -- just has to be promulgated
     through the political process
     -- if you have the power
     (votes), you can govern
Legislatures               Courts


         statutes                 decisions

                       Key Feature:
                              Justific?
                          -- something makes it right
                          or justified?
                          -- The decision is a kind of
                          logic or reasoning or
       Show examples      analysis
                          -- That’s why it is in the
                          form of a “decision”
         Part I:
Courts and Common Law

								
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