Limitations of the Legal ModelΒΆ
Note
Under Construction. This section and chapter will expand greatly.
Will also contain proper structuring and contents
In order for a legal model to be accurate a justice themself must accept the model to be legitimate. Or in other words, justices must accept as precedent, plain meaning, and textual sources to be the proverbial word of god. They must then hedge themselves into artificial boxes created by the framers and previous justices without considering their personal policy preferences or individual biases.
I find this argument difficult to accept as valid. I would argue that pecedent, intent, and gobblygook are but rationalizations that justices create to justify their own preferences. The court, like every other institution is political. This is true whether justices or idealists are willing to admit it to themselves.