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Simple English definitions for legal terms

bad-man theory

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A quick definition of bad-man theory:

The bad-man theory is a belief that a bad person's understanding of the law is the best way to know what the law really is. This is because a bad person will carefully calculate what they can get away with and what the rules allow. The theory says that we should predict how the law will affect a person, rather than thinking about what is right or wrong. This theory was first talked about by Oliver Wendell Holmes in 1897. He said that we should look at the law as a bad person would, who only cares about avoiding punishment, not about being good. This theory is also called prediction theory.

A more thorough explanation:

Definition: Bad-Man Theory is a legal doctrine that suggests that the view of the law held by a bad person is the best way to understand what the law actually is. This is because a bad person will carefully calculate what the rules allow and operate up to the limits of those rules.

Oliver Wendell Holmes first introduced this theory in his essay "The Path of the Law" in 1897. According to Holmes, a society's legal system is defined by predicting how the law will affect a person, rather than considering the ethics or morals underlying the law. The prediction is best made by viewing the law as a "bad man" who is unconcerned with morals.

For example, imagine a person who wants to steal a car. They will carefully consider the laws related to car theft and plan their actions accordingly. They will not be concerned with whether stealing a car is morally right or wrong, but rather whether they can get away with it without incurring punishment by the law.

The Bad-Man Theory suggests that by understanding the perspective of a bad person, we can better understand how the law operates in practice. This theory is often associated with Legal Realism, which emphasizes the importance of understanding how the law is actually applied in the real world.

badger game | bad motive

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Dkk
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Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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what.jpg @Dkk
CynicalOops
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You think you just fell out of a coconut tree?
jackfrost11770
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nope dk
CynicalOops
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Calvinamala Harris
jackfrost11770
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Dkk
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dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
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I will take In N Out everyday over it when I can though.
texaslawhopefully
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In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
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Indeed, indeed.
BulbasaurNoLikeCardio
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@texaslawhopefully: best prices and only fast food that doesn't make me sick
matt gaetz ethics report released
paid for sex with a junior in high school
guarantee people still defend him
BulbasaurNoLikeCardio
9:51
I only read headlines and skimmed a random article of it since I am the only one at work this week. Seems like he is Republican Hunter Biden but not at the paying rent with poop paintings stage
ImpartialLion
9:55
Sent in my transcript at 6 am today and it’s processing. Think it will be processed before lsac closes tmrw?
BulbasaurNoLikeCardio
9:58
I would say it is a toss up, for how much LSAC charges us for everything they are extremely efficient in processing and sending stuff out BUT with a 30% uptake in applicants and the holidays it may be significantly slower unless it is ran through and processed by a computer program. Even if it takes them longer to process it, not like there is anyone at a school to request and review it after LSAC does their thing
Do we know if any of the t14 open at all this week
just called Fordham. they said there will be decisions going out today
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BulbasaurNoLikeCardio
10:27
Hope schools are chill and just send As leaving the Rs for next month lol
soap
10:49
Fingers crossed for good luck today
BulbasaurNoLikeCardio
10:56
@soap: really hoping to get that UTK call today
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what if instead of a room of one’s own virgina Woolf wrote a cubicle of one’s own
UGA ED deferrals are coming out rn
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