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By
Anthony J. Fejfar
secondarily upon intuition. While law can indeed involve politics, power,
and linguistic analysis, I argue that these are not the primary attributes of
Law.
especially, that intuition comes into play. In a law class, the law professor
typically starts the discussion of a case by asking about the facts. The facts
involve the level of experience. Without facts there can be no law. The
facts tell me whether I have a car crash case, or a train robbery. Without
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Understanding, is the next aspect of reason, and law. At the level of
understanding, the law professor wants to know the theory of the case. He
or she wants to know what legal issues are presented in the case. He or she
wants to compare and contrast different legal theories and their application
Judgment tells us how to apply the law to the facts and come up with the
holding of the case. It we have a difficult time figuring out how the law
function which involves policy analysis. Both judgment and reflection are
intuitive functions.
So, to summarize, I argue that law is based in the first instance upon
reason, and then secondarily upon intuition. Law is not merely a matter of
arbitrary politics. Law is not just power, unless law is corrupt. Law
analysis, since experience, judgment and reflection are also involved. In the