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THE PATH OF LAW

Oliver W, Holmes, Jr.

THE DIFFERENCE BETWEEN LAW AND MORALS.


THE ROLE OF LOGIC IN LAW. LAW AS A MEANS AND LAW AS ENDS.

HOW IS A WEATHERMAN SIMILAR TO A LAWYER?


Both jobs involve making predictions

The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
The law does not merely exist in the present. Its existence comes into effect in the future when a previous ruling has already been made and is subsequently applied to a future case

PEOPLE v. GENOSA
In the course of a fight between the Genosa spouses, Marivic killed her abusive husband. She was tried for parricide and was to suffer reclusion perpetua. But the court saw the Battered Wife Syndrome as a mitigating circumstance; thereby laying down the foundations for turning it to an EXEMPTING CIRCUMSTANCE under R.A. 9262

Traditionally, legal philosophy has held that the law is a separate, autonomous creature far from the reaches of the political (Morton,
1992).

LEGAL REALISTS, however, argue that the institution of law is not separate from moral and political discourse.

Holmes held that a societys legal system is defined by predicting how a law affects a person, as opposed to how morals or ethics underlying the law.

OF VARIOUS
HISTORICAL
AND POLITICAL

PRODUCT
FACTORS

THE LAW IS A

AND EXTERNAL DEPOSIT OF


OUR MORAL

THE LAW IS THE WITNESS

LIFE

MORALITY DIFFERS
The law is full of phraseology drawn from morals. This, however, does not mean that the rights of man in a moral sense are one and the same with his rights under the Constitution.

Morality is within mans inner workings and varies from one person to the other (Nietzche, 1886). The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by LAW.

An Act Empowering Heads of Offices and Departments to Strictly Implement the Constitutional Provisions on Religious Freedom in Government Offices

H.B. 6330

THE CASE OF

ABUSE OF LOGIC

While Judicial decisions are cloaked in the language of logic, what lies beneath the legal reasoning are beliefs about the relative worth or value of different aspects of the case at hand, and sometimes these beliefs are not fully conscious.

Judges must inevitably take account of social considerations, including economic considerations, in forming their legal opinions.

BUSINESS WITH
UNDERSTOOD

LAW IS ONE SUCH

THE

LIMITS

Accused raped a 4 year old child; was acquitted because he was convicted based on his extrajudicial confession which was made without counsel.

ALICANDO

PEOPLE V.

You must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience.

THE BAD MAN THEORY


Holmes says the mind of a bad man is the best test of what exactly the law is because that person shall carefully and precisely calculate what the rules allow and operate up to the rules' limits.

The law that affects human behavior is nothing but the prophecies of what courts will do in fact. Likewise, the law that affects the choices people make in their everyday lives consists but of probabilities of rules.