Blackstone said that judges identify and do not create law. The 19th-century jurist John Austin described Blackstone's position as a "childish fiction". In this short work, it is shown that Austin is correct. But, so it is also shown, this does not warrant acceptance of the nihilistic view held by the so-called "legal realists" that judicial interpretation is mere legislation and isn't answerable to objective standards. The analysis of legal interpretation herein put forth is rooted in an intuitively plausible analysis of law and legal obligation, for which definitive discursive grounds are provided.
©2009 John-Michael Kuczynski (P)2016 John-Michael Kuczynski
I majored in poly sci (and math) and I learned more in this book than I learned in my four years at the University of Chicago.
only one character; he was great.
no; just a very good piece of analysis
kuczynski needs to read less quickly
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