‘Legal Theory Lexicon: Rules, Standards, Principles, Catalogs, and Discretion’

“Early on in law school, law students begin to realize that legal norms are not all cut from the same cloth. Some rules provide ‘bright lines’, others ‘fuzzy lines’, and yet others, no lines at all. The ‘reasonable person’ test in tort law constrains in a very different way than does the rule against perpetuities in property. That is, legal norms differ in extent to which they constrain those who are charged with applying them …” (more)

[Lawrence Solum, Legal Theory Blog, 29 September]

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