1. 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, (pp , )
Questions to Think About / Writing Assignment for Group 4
Questions 7, 8, 11, 12 on pp
, 9

2. 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

3. Gould Virus

4. 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