what is law: 1.1 rationality

rationality

• linking the what are and how logically

• creates order and predictability

• explaining why student pass based on exam results not relationship with teacher

adjectivisation/ abstract

• describing a thing by its relevant traits

• simplifies reality

• calling fido a dog because he has 4 legs and fur

discrimination

• seperating similar from different

• not necesarily bad

• enables rational classification 

• grouping pass/fail students seperate 

relevance principle

• only relevant traits count (context dependant)

• avoids irrational or unfair judgement 

• status of a student in a class because you are enrolled academically not because u are white with blue eyes

irrational discrimination

• negative

• using irrelavant differences to seperate

• prohibited in law and science

• gender, religion skin colour sex

connection to law

• legal reasoning operates on rational thought:

  • it classifies facts people and actions based on relevant criteria (eg murderers together as they all have intent, manslaughter seperate they dont have intent)

  • irrelvant disinction (eg race and gender) are unlawful because they fail the test for rationality

• the law itself is an excercise of reason- distinguishing similar from different in a justified goal orinetated way