Indeterminacy debate in legal theory Essays

matter and the judge must rule in accordance with what the law says. On the subject of vague statutes, Scalia writes, “In selecting the words of the statute, the legislature might have misspoken. Why not permit that to be demonstrated from the floor debates? Or indeed, why not accept... later explanations by the legislators... as to what they really meant?” In this quote, Scalia acknowledges potential imperfections of legislators but then says that it is not up to the courts to correct these deficiencies

political and social interaction of state, non-state actors, and individuals. It is a universal descriptor used to emphasize a multifaceted and multidisciplinary subject area. There are contesting theories which seek to simplify and describe the contemporary world of international affairs. Realism is one of its theories, which characterizes the international political system as anarchic, comprised of states possessing military capabilities, and distinguished by inter-state power competition. Realism mentions

court base its decision and why is the other-than-sex factor that is presented by the employer insufficient to avoid a trial? Finally, what should the employer have done differently to ensure this type of situation did not occur in their business? Legal Issues Presented & Was a Valid Prima Facie Case Established In this case, Vehar v.

to realist theory the judges are deciding cases on the facts of each particular case considering various psychological and sociological factors. The majority of lawyers now recognize that judges are taking into account also political implications of legal rules and decisions. In theory this means that the same profile cases can have various outcomes and be decided differently even when the judges are being not mistaken, reasonable and honest. This thus explains why legal realism theory concentrates