danieldwilliam: (Default)

Re: 2

[personal profile] danieldwilliam 2022-11-14 12:55 pm (UTC)(link)
Jury nullification is why I'm an American Legal Realist. Even in a system without juries and one with quite technocratic and positivist judges you can't get away from the impact of how those judges actually behave or how the legal system and society as a whole decides which cases to bring forward.

I do think there is a role for studying law in the abstract. I think any properly constituted legal system ought to have a great deal of internally consistent logic in it and be amenable to prediction. You can be a useful legal technician without knowing why a particular law is the law. But a legal system isn't dealing in spherical cows *and* I object to the notion that one *ought* to separate the law from its function in human society.

(And some of the same thinking informs my scepticism about block-chain as a contractual or monetary tool - some of this stuff is very messy *and* the legitimacy of decisions might actually rest on them being made by a human. )
danieldwilliam: (Default)

Re: 2

[personal profile] danieldwilliam 2022-11-14 03:18 pm (UTC)(link)
On reflection I am cross at myself for missing the Scots Law / Latin pun of spherical causa

Condictio causa data causa non secuta being a type of legal action one can raise in Scots Law and known - at least in my Unjustified Enrichment class as the Condictio Cows and Ducks and Cows and Sheep.