Chapter 3: The Language of Law

Justice Benjamin Cardozo

Justice Benjamin Cardozo

________ defined substantive due process as the "principles of or- dered liberty ..

Fourteenth Amendment

The ________ (1868) applied the same principle to the states:"no state shall deprive any person of life, liberty, or property without due process of law ..

English speaking lawyers

________ refer routinely to reasonable time, reasonable care, reasonable mistake, reasonable risk, reasonable doubt, and reasonable force.

Immanuel Kant

________ wrote that liberty- or freedom- is the central value protected by the concept of Right and the rule of law.

US Constitution

Though the ________ does not use the terms fair or fairness, the requirement of a fair trial has become a standard element of due process under the Four- teenth Amendment.

Article

________ 6 of the European Convention of Human Rights provides that, in all cases,"Everyone is entitled to a fair and public hearing ..

Constitutional law

________ is the body of principles that has evolved and continues to evolve from the written text.

finite set of words

It is a(n) ________.

This refinement of meaning and connotation is a remark

able feature of current English legal usage

For example

No person should profit from his own wrong

The Fourteenth Amendment (1868) applied the same principle to the states

"no state shall deprive any person of life, liberty, or property without due process of law."

Justice Benjamin Cardozo defined substantive due process as the "principles of or

dered liberty."

Though the U.S. Constitution does not use the terms fair or fairness, the requirement of a fair trial has become a standard element of due process under the Four

teenth Amendment

justice

Victims demand ___________.

fairness

Defendants want_____________.

reasonableness

International negotiation in English will demand that lawyers start thinking in the idiom of ______________.

The Constitution

___________________ is the set of authoritative rules and principles written down within the four corners of a specific document. It is a finite set of words.