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Letter of Law vs Spirit of Law

"Law students, having drunk at this intoxicating well," come away thinking that the highest function of the judge is "devising, out of the brilliance of one's own mind, those laws that ought to govern mankind. How exciting!"
Now to fully understand the meaning behind this quote by Justice Scalia, it is important to note the origins of judicial-policy making. Judicial policy-making arose in the old common-law system in England where judges, unconstrained by any means of a written constitution exercised the “exhilarating” function of creating law! Alas, American students who studied in England brought it back, so that eventually it spread to modern American law schools where impressionable young law students eagerly grab at this idea like a new toy.
With that in mind I will now move along to my definitions, which I have acquired, from Black’s Law Dictionary and Richard Heymann, a professor at the University of Wisconsin Law School to clarify the resolution:
When in ...

Posted by: Kelly G Hess

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