Chapter

Stabilities within the Leeways

in The Theory of Rules

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226487953
Published online March 2013 | e-ISBN: 9780226487977 | DOI: http://dx.doi.org/10.7208/chicago/9780226487977.003.0012
Stabilities within the Leeways

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This chapter distinguishes between desirable legal change, which comes at the cost of some certainty, and erratic change, which has even greater cost and far fewer benefits. It also deals with the part played in stability and also in guidance by a most complex and baffling phenomenon. It then refers to the Office of the Judge. To the layman, stability meant that changes shall remain unnoticed or noted simply as rights because they keep moderate pace one with another. The most concern here was that the taking of bribe and favor as the crassest and most rule-explicit aspect of a tradition of the Office. The concept and ideal of Judge's Office lays its hand upon men—for healing, for making them more whole. What an Office and the ideal and practice of an Office may be deserves more study than is its common portion.

Keywords: legal change; erratic change; stability; Office of the Judge; layman; bribe; favor

Chapter.  6104 words. 

Subjects: Jurisprudence and Philosophy of Law

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