Assignment for Next Class Agenda for 19th Class Review of Conflict between Rights & Utility Gould Virus Introduction to theories of adjudication Assignment for Next Class Readings ##20, 22-23 (pp. 117-32, 134-42) Questions to Think About / Writing Assignment for Group 4 Questions 7, 8, 11, 12 on pp. 142-43 , 9

Last Class Conflict between Utility & Rights Trolley Problem, Transplant Problem, Open Boat, Immunization Utilitarian says ok to kill or put some at risk to save more lives Rights based approaches assert that is often improper Action / Inaction (integrity) Difference between killing and allowing person to die Distinction between action and inaction is disfavored in modern legal reasoning Negligence is often inaction, yet result in liability But see constitutional challenge to health care bill Nozick. Rights as side-constraints. Cannot use persons as means. Rawls. Limitations on liberty are acceptable if everyone share equally in burdens and benefits But note that burdens and benefits are never exactly equal For some immunization would be a particularly heavy burden (those with compromised immunize systems) But if they are exempted, burden is not shared equally

Gould Virus

Theories of Adjudication Formalism Legal reasoning is primarily logical reasoning Judges should not rely on moral or policy reasoning Realism Logical reasoning cannot answer many legal questions Legal reasoning does and must incorporate moral and policy reasoning Natural Law Legal reasoning does and should incorporate unenacted principles These principles are part of the legal system and distinct from policy reasoning Class list for preferences and sign in Digital voice recorder Nameplates and marker Handouts of PowerPoint slides IP chart