Agenda for 7th Class

1
Agenda for 7th Class

• Name plates
• Voice recorder on
• Review of Last Class
• Theories of Adjudication
• Exercise 8

2
Assignment for Next Class

• 19-20 (pp. 129-137)
• Please pay special attention to
• Questions 7, 11-12

3
Administrative Stuff

• Friday lunch.
• CD. sign up next week
• Office Hours
• Tuesday 9/22, 145-245, Rm. 460

4
Review

• Legal Syllogism
• 2 syllogisms
• Question of Law, Question of fact
• 3 principal parts.
• Major premise (Legal Rule or Holding)
• Minor premise (Decision rule or Finding of Fact)
• Conclusion (Holding or Disposition)
• Different considerations when adjudicator also
  makes rules?
• Standard model Separation of powers
• Alternative Administrative law House of Lords
• Problem of retroactive law-making

5
Theories of Adjudication

• Formalism
• Legal reasoning is primarily logical reasoning
• Judges should not rely on moral or policy
  reasoning
• Realism
• Logical reasoning cannot answer many legal
  questions
• Legal reasoning does and must incorporate moral
  and policy reasoning
• Natural Law
• Legal reasoning does and should incorporate
  unenacted principles
• These principles are part of the legal system and
  distinct from policy reasoning
• Positivism
• Legal rules originate in the commands of the
  sovereign
• Legal reasoning is distinct from moral reasoning
• Natural Law (again)
• Some legal rules exist independently of
  government
• Legal reasoning does and should incorporate moral
  reasoning

6
U.S. v Diamond

• 21 USC 841. mandates
• a 5-year minimum sentence for selling more than 1
  gram of a mixture or substance containing a
  detectable amount of LSD,
• a 10-year minimum sentence for selling more than
  10 grams of a mixture or substance containing a
  detectable amount of LSD
• Lucy Diamond sold 1000 doses (50mg) of LSD on
  heavy blotter paper weighing 10.5 grams
• Does the weight of the blotter paper count for
  the purposes of the mandatory minimum?