‘Legal Theory Lexicon: The Bad Man Thought Experiment’

“In The Path of the Law, Supreme Court Justice Oliver Wendell Holmes, Jr, wrote, ‘If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience. The theoretical importance of the distinction is no less, if you would reason on your subject aright …'” (more)

[Lawrence Solum, Legal Theory Blog, 23 December]

First posted 2018-12-24 08:25:54

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