The Family Law Diaries
The Family Law Diaries
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Tobin: That’s an empirical dilemma. I had a discussion which has a judge I clerked for while in the early 2000s, who questioned why opinions ended up getting so extended: “Why can’t we write an Oliver Wendell Holmes, Jr. type short impression?” Element of it is the frequent law tradition, by which we’re normally accumulating much more precedent, a lot more statutory language, new sources, plus much more context for almost any dispute that occurs.
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HLT: Does the regulation nonetheless really need to use Latin, which can be a useless language, apart from during the Vatican? Or does it just function a barrier to entry for non-Latin speakers?
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Bentham's utilitarian theories remained dominant in regulation until the 20th century. Definitions of law often raise the question from the extent to which regulation incorporates morality.[42] John Austin's utilitarian respond to was that regulation is "commands, backed by threat of sanctions, from a sovereign, to whom folks have a pattern of obedience".
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