Application of the Law is an easily understood concept that refers to the manner in which the law is administered. It is interesting to note that like the Formation of the Law, the process of the Application of the Law is also either Rational or Irrational. An example of the manner in which the law is applied is seen in cases of courts affixing sentences to offenders. A Pragmatic judge may consider irrational human factors, while an Idealistic judge is concerned about how the violation of the law is to be addressed in objective terms.
Learning objective: The student is to develop an understanding of the methods used by Idealists and Pragmatists as they apply moral concepts they formulated as the basis of the law. Based upon an Irrational foundation, the Idealists must alter their methods to apply the law in what is regarded as a far equitable manner. While the Pragmatists base the law upon Rational thinking, the student is to appreciate why the Pragmatists can no longer remain totally rational, and why the Idealists must become Rational. Once the student understands how the law is applied it becomes clearer for the students to see how the law achieves its purpose.
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