Analyzes cases in which reasonable judges differ on applicable law. Provides case studies and looks at policy vs. principle, ideas of legal philosopher Ronald Dworkin and judicial errors.
Written in 1994; 1,800 words; 6 sources; $ 63.95
From the Paper:
"This paper will address the problems which "hard cases" present to the American judicial system. This paper will focus on the premise that judicial decisions which involve hard cases should be generated from principle and not policy. Moreover, this paper will discuss how judges may make mistakes when they rely solely on existing policies to formulate their decisions and how judges should instead be encouraged to rely on equitable principles whenever deciding hard cases.
One of the first "hard" cases which the American judicial system ever faced is the infamous case of Riggs v. Palmer. On August 13, 1880, widower Francis B. Palmer made his last will and testament, giving small legacies to his two daughters and the bulk of his estate to Elmer E. Palmer, Francis' grandson. Elmer's legacy was conditioned on his continued support of.."
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