In the first year of law school students learn that for every clear legal rule there always exists situations for which either the rule doesn’t apply or for which the rule gives a bad outcome. This is why we always need to give judges some discretion when administering the law.
In the first year of law school students learn that for every clear legal rule there always exists situations for which either the rule doesn’t apply or for which the rule gives a bad outcome. This is why we always need to give judges some discretion when administering the law.