Justice Foster and Justice Handy voted to overturn, Chief Justice Truepenny and Keen voted to uphold, and
Question:
Justice Foster and Justice Handy voted to overturn, Chief Justice Truepenny and Keen voted to uphold, and Tatting abstained from a vote.
Justice Handy: Sociological school. "The followers of this philosophy, known as realists, believe that the purpose of law is to shape social behavior. Sociological philosophers are unlikely to adhere to past law as precedent." Justice Handy states in his dissenting opinion that "That is a question of practical wisdom, to be exercised in a context, not of abstract theory, but of human realities." Justice Handy was looking at the case in terms of what is reasonable and realistic, and less at what the letter of the law is.
Justice Keen: I struggled to decide which school, but ultimately I think Natural school fit best, as it focuses on the letter of the law. "Natural law is "discovered" by humans through the use of reason and choosing between good and evil." . I think the Historical school could also apply, but chose natural law because his focus seemed to be more for allowing the executive branch to declare clemency, and the court following the right/wrong to the letter. Analytical also makes sense in the context of the supplemental reading, but I didn't interpret Keen as applying the logic to the choice the men made, but to the strict application of the technical law.
Justice Foster: I think Command school applies here. "The law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. This school maintains that law changes when the ruling class changes." .
Justice Truepenny: Natural Law. "Postulates that law is based on what is "correct." It emphasizes a moral theory of law—that is, law should be based on morality and ethics.
Tatting: Sociological school. "Asserts that the law is a means of achieving and advancing certain sociological goals." His point that a murder charge for self defense would be just as pointless as charging these men with murder, while still acknowledging they did break the law read sociological to me.
Demonstrate or explain how the Justice (in the statement) follows the school or socio-legal philosophy listed in statements.
J. Handy, J. Keen, J. Tatting, C. J. Truepenny, and J. Foster.
Smith and Robersons Business Law
ISBN: 978-0538473637
16th edition
Authors: Richard A. Mann, Barry S. Roberts