Essay Topic: Torts and Torture - Regulation and Ideology - Counterargument Flashcards
1
Q
Precedent
What is it?
Oppose ideology
Support ideology
A
- An example case that establishes a principle or rule that then governs how other similar cases are decided
- May override personal ideologies
- Following rules rather than ideology
BUT
- Has the precedent been influenced by ideologies?
- Interpretation indirectly influenced by ideology?
- Others’ ideologies rather tan your own
2
Q
Social norms
What are they?
Oppose ideology
Support ideology
A
- Understandings that govern the behaviour of members of a society
- Could it be social norms influencing interpretation rather than ideology?
- Are ideology and norms practically the same thing?
- Both are a set of ideas or beliefs that people adhere to
3
Q
Legal literature
What does it say?
Names and dates
A
Baude and Sachs 2017
- Interpretation isn’t just a matter of language, it is also governed by law
- The law fixes issues regarding meaning enquiries
- Law begins and ends the inquiry, not language
- What to read into is a question of law not language
- Using canons to construct meaning rather than ideology
