Sentence examples for law reasoning from inspiring English sources

Exact(7)

Courts have since ruled employees cannot legally waive rights under this law, reasoning it would take a lot of the teeth out of state labor laws.

But on Dec. 10, the city told an Assembly committee that the Fund for Public Schools would be exempt from the law, reasoning that the Department of Education is, legally speaking, a school district, not a city agency — even though the mayor has control over the schools.

Bentham was not impressed, detecting glaring fallacies in Blackstone's natural law reasoning.

According to hard critics, factors like original understandings and the supposed discipline of common law reasoning seldom, if ever, succeed in fixing meaningful limits upon government power.

It can effect this balancing act so long as the judges, in whom the power of constitutional interpretation and enforcement has largely been placed, are willing to subject their deliberations to the discipline of common law reasoning.

Such (Anglo-American) theories about common law reasoning fit with a larger tradition of theorizing about law (which had strong roots in continental European thought e.g., the historical jurisprudence of theorists like Karl Friedrich von Savigny (1975)): the idea that generally law did or should reflect community mores, "spirit," or custom.

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Similar(52)

Weld County Sheriff John Cooke announced that he will not enforce the new laws, reasoning, "Criminals are still going to get their guns".

Second, Austin's work should be seen against a background where most English judges and commentators saw common-law reasoning (the incremental creation or modification of law through judicial resolution of particular disputes) as supreme, as declaring existing law, as discovering the requirements of "Reason," as the immemorial wisdom of popular "custom".

Such "faint-hearted originalism" (Scalia 1989) may reduce, in the end, to a form of living constitutionalism.[19] Indeed, as we shall see in the next section, the role of judicial interpretations of abstract constitutional provisions is central to that prominent form of living constitutionalism which views constitutional interpretation as a form of common-law reasoning.

Though that case did not involve the federal marriage law, its reasoning about whether the state's interest in promoting procreation can justify a ban on same-sex marriages was sharply at odds with that of Judge Snyder.

Still, Mr. Frumin has to enforce the law by reasoning with people like the man who came into the bar on Monday night, took out a cigarette but did not light it and immediately tried to pick a fight with the only other customer.

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