Jurisprudence

Hi, my summative question is based on Legal realism (fact and rule scepticism)
im finding it hard to grasp

can anyone be willing to help me?


the question is:

facts are more important than legal rules when determining the outcome of cases

thank you in advance!

Facts are more important than legal rules in determining cases because facts provide the necessary concrete evidence that can then be used as a platform to come up with the appropiate decision but they don't have to necessarily follow the rules!


For example the rule might be youll get X number of years in prison for commiting any kind of homicide whereas the facts might state that the culprit suffered from an uncontrollable psycholigical disorder thus the sentence given will be "lighter" than the legal rules might otherwise suggest!

That does somehow relate with my question but I was more confused on the philosophers ideas on rules and fact scepticism.

But I HUGELY appreciate how you tried to help, that's really kind!

That's really sweet of you so thank you

Thank you a lot 😘 Haha

youre welcome x

when you say philosophers ideas on rules and fact scepticism do you mean more of the ethics behind the two?

I'm kinda learning that atm (the ethics part of it)

Yes! I think that would kind of relate!

What philosophers are you studying?

That does somehow relate with my question but I was more confused on the philosophers ideas on rules and fact scepticism.

But I HUGELY appreciate how you tried to help, that's really kind!

That's really sweet of you so thank you

Thank you a lot 😘 Haha

Judicial review, ultra vires; natural law, Saint Thomas Aquinas and the notion of laws being in a hierarchy, perhaps Austen's Command Theory; or Max Weber's Monopoly of Violence.

Aristotle, Epictetus and some other ones who I can't remember the names of

Do you know anything about Plato? And his argument on knowledge and opinion by any chance

nope

gotta admit tho this law stuff looks interesting...i like challenging law students with othordox theories

Well never mind haha, I'll email my lecturer and annoy him with that question haha

And it is really interesting. We have a chance to study bioethics for third year (the optional modules) i think I might study it. Is thag similar to what you're studying, can you give me an insight?

I literally gave a seminar last week on bioethics particularly with regards to genetic modification! It's pretty interesting I think there's a lot of philosophical stuff like whether human morals or society morals play a role in influencing such matters

Ethics is very interesting but very weird and difficult to understand! Our professional ethics course is more linked to managerial positions/project management!

That is something I'm really interested by. I love philosophy and the issues around morality, even more so, questioning it.

The modules I've picked are very philosophical and I think studying bioethics will fit nicely with it. I'm just worried that I won't be able to digest the work lol

Where do you study your course btw?

Do it!!!! You'll be fine as long as you don't overload yourself with the other options (pick what will give you the best grades ) How are you coping this term? I still lack motivation lol X

University of Sussex- Mechanical engineering.

this year hasnt been too good, had a bad start to the year :/ affected my work alot but im hoping the university will help me with that haha

and aww try and get motivated!! exams are round the corner

exactly the same with me except i have no excuses than to blame myself! I passed my exams in January but not that well (or at least to my usual standards)...

always leave stuff till the last minute. I never learn....revision time feels like death

oh im sorry...i hope youre better now? are you ok?

and it really does lol it drains the life out of my soul

try not to leave it till last min! that will have detrimental effects on your health and your grades x

kinda, tryna survive



thanks Athia xo