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Articles

On Casuistry

Jason Morgan advocates justice without legislation.

We have largely forgotten that there is another way to pursue justice than by deciding what the answer to every problem is going to be ahead of time through legislation. Casuistry or case-centric jurisprudence is anti-legislation. It is the practice of taking each case as it comes, using judgment to discern the right outcome, while allowing plenty of room for mitigating or exacerbating circumstances. It is not a technique, but a state of mind. It involves taking a few steps back and thinking about what we see and hear with our own eyes and ears instead of trying to fit circumstances into the tight definitions in lawbooks.

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