B_LAW 210 1st Edition Lecture 3 Outline of Last Lecture I. Overview of SyllabusII. Class DiscussionOutline of Current Lecture II. Functions of LawIII. Doctrine of Stare DecisisCurrent LectureII. Quote: “If we desire respect for the law, we must first make the law respectable” – Justice Louis D. BrandeisIII. Functions of Lawa. Facilitating orderly changeb. Facilitating planningc. Keeping the peaced. Maintaining the status quo (for whom?)e. To control?f. To restrain?g. To deter?h. Maximizing individual freedomsi. Promoting social justicej. Providing a basis for compromisek. Shaping moral standardsIV. Quote: “The time is always right to do what is right” – Martin Luther KingV. Doctrine of Stare Decisisa. Based on the common law tradition, past court decisions become precedent for deciding future cases.i. Precedent is a rule of law established in a court decision. Lower courts must follow precedent established by higher courtsii. Stare decisis: Latin for “to stand by the decision” means adherence to the precedentVI. Quote: “Our characters are the result of our conduct” –AristotleVII. Aristotle 384-322BCa. “It is the mark of an educated mind to be able to entertain a thought without accepting it”These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.b. “All virtue is summed up in dealing justly”c. “It is in justice that the ordering of a society is centered”d. “Man perfected by society is the best of all animals; he is the most terrible of all when he lives without law, and without justice.”VIII. John F. Dillon – Laws & Jurisprudence of England & America
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