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To be, or not to be? Why the law is always either/or?

Publication at Faculty of Law |
2017

Abstract

Leo Katz describes in his book with the title "Why the law is so perverse" as one of the perversities of law the fact that it is always either/or. The law pushes us to decide that a certain conduct is either in accordance with law or in violation with it.

Either/or and nothing in-between. Prof.

Katz demonstrates this idea on multiple cases. Guilty or not guilty, liable or not liable.

However, the reality is often more complicated and it raises a question if we cannot say that the result of the application of law is partially guilty or partially liable? Certain aspects of contrary concept can be observed in contributory negligence cases.