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In order to understand the way the law should work in any particular sphere (in regard to tort liability or civil liberties or business regulations, for instance), we must first grasp the proper aims and guiding principles of the legal system overall. Increasingly, however, that deeper question tends to be neglected.
This lecture has two aims. First, it seeks to provide a basic framework for understanding what a proper legal system is, identifying three pillars that are essential. Further, it explores the reasons why such a “big picture” perspective is neglected and explains the damage wrought by our failure to tackle that question, head-on.
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