Word: souter
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Dates: during 1990-1999
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...Souter argues that under such a definition, lawhas four major characteristics: wide promulgation,the need for explicit interpretation,non-retroactivity, and consistent enforcement.Since morality is not one of these, Souter argues,Holmes belief that legality and morality areseparate is internally consistent on a priorigrounds...
...Since I am not a legal scholar, I cannot offera solution to the controversy," Souter wrote inthe introduction. "I have tried, rather, todescribe the alternatives which are open insetting what I believe to be the most importantpoint at issue...
...result, Souter essentially says that boththeories are internally consistent, and decidesthat only future empirical scrutiny will tellwhich is more valid...
...Souter's first chapter focuses on Holmes'conception of law. Souter says that Holmesbelieves laws are essentially prophecies of howfuture judges will interpret them. According toSouter, Holmes believes laws will serve as "guidesfor individual conduct of such a sort as to keepthe individual free from displeasing action of thecourts as they administer...
From there, Souter shifts gears and looks atHolmes' ethical theories. Souter says that forHolmes, a moral term such as good or bad meant nomore than the "functional efficiency of a law inbringing about a result which the crowd...doesdesire," much as one would use the terms todescribe a physical object such as a knife. Thus amoral law for Holmes, Souter says, is one whichfurthers the interest of a particular individual...