(For a extra detailed discussion, see MacCormick 1987, 170ff.) To take an instance, the court docket may be confronted with a case during which the trustee of property held on behalf of the plaintiff has wrongfully transferred that property to the defendant. The plaintiff sues the defendant to recuperate the property which was transferred in breach of trust. The plaintiff argues that since (i) the defendant has received belief property (ii) in breach of trust and (iii) has not paid for the property, she should restore the property to the trust. The defendant argues, on the other hand, that since (iv) the trustee had an excellent title to the property, (v) the power to transfer it and (vi) the defendant acted in good faith, unaware of the breach of trust, she is entitled to retain it.
It is senseless to ask whether a sure fugue is just or to demand that it turn out to be so. The musical standards of fugal excellence are pre-eminently inner””an excellent fugue is a good instance of its style; it should be melodic, attention-grabbing, inventive and so forth.””and the additional we get from these inside requirements of excellence the extra numerous evaluative judgments about it turn into. While some formalists flirt with related ideas about legislation, this seems inconsistent with law”™s place amongst human practices. Even if regulation has inside standards of benefit””virtues uniquely its own that inhere in its law-like character””these can’t preclude or displace its assessment on unbiased criteria of justice.
The …
