Introduction and the Case of the Speluncean Explorers
Aniket Kesari
Law, Politics, and Society - Summer 2015
University of California, Berkeley
Who's Right?
- Which interpretation is correct?
- Does the proper interpretation depend on the facts?
- How do varying interpretations challenge our conception of the legal system?
Justice Handy
- Popular Opinion
- Executive Won't Pardon?
- Legal Realism
Morality
- Morals, values, and ethics inform lawmaking
- Should they also influence judicial decision making?
Justice Tatting
Justice Keen
- Commonwealth v. Valjean
- The role of precedent in legal reasoning?
- Deciding not to decide?
- Reasoned out conclusion or political decision?
- Consequences if this was the majority?
Chief Justice Truepenny
- Law was violated, must be enforced
- Separation of powers?
Politics
- Several Justices allude to the Executive in their opinions
- How should the judiciary think about the other branches?
- Defer to them?
- Actively make decisions based on their actions?
- Interact with them through direct appeals and messages?
The Case of the Speluncean Explorers
- Facts?
- What issues are raised by the case?
- Philosophy/Ethics?
- History?
- Political Science?
- Legal Institutions combine elements of several disciplines, modes of thought, etc.
Justice Foster
- State of Nature
- Functionalism
- Judicial Activism?
Conclusion
- How do institutions derive what the law is?
- From inherent values?
- From the political process?
- In future readings, keep an eye toward where the author thinks the law comes from
What is a Legal Institution?
- Branches of Government?
- Lawmaking agencies?
- What are the common features?
- Are all of these institutions motivated by legal reasoning?