Humans (and other animals evolved emotions for a reason) so they have have some place. Logic is the foundation of science so we know its place. In law, what predominates varies on a case by case basis. When you study criminal law, you most likely will start out with the question "why do we punish"- is it out of moral retribution (a theory that seems to mix emotion and logic) or deterrance (a theory based more on logic).When you study heinous cases in criminal law, not only the punishment, but whether the judge finds the person innocent will sometimes rest on whether they see the law as the enforcer of moral retribution (though they would never ever say that outright in their opinion) or whether its their duty to protect the letter of the law or other factors they consider. In contracts you also see legal realism (which is sometimes emotion) all the time. Mostly its not emotion based, but based on economic theory which tends to be more logic based, but when you deal with something like unconsciousability and the like (and you will probably deal with those for a few weeks) you'll see emotions come in to play, and though the court won't say it, you can see they are basing on notions of right and wrong.I really enjoyed reading the article. It shows how the political processes absorb political dissent and even though the religious right has big difference with mainstream America they are not alienated, but trying to use the political system.
I only had two points:1) That the law is neither a pure science (you don't just apply rules to facts), nor a pure humanities discipline. It has elements of science (logic) in that it has pre-defined rules that control the framework of the discussion. However once inside the framework provided by the rules, things like economic theories, theories of who was the assh*le in the particular case, theories of the policy the rule was designed to promote (which could overlap with economic theories or theories of who was the assh*le) come into play, and these considerations are fact specific, in that they depend to large degree on the judges emotional reaction to the facts (especially in cases where the judge is trying to figure out who the assh*le was). Thus in most cases both science and logic have a place.2) That religious right is not trying to overthrow the system in this case because it disagrees with political norms, but that it is working within the political systems to effect change.
Page created in 0.452 seconds with 17 queries.