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Teacher or Remedy

WHAT IS THE LAW FOR?

Cathleen Kaveny

Many clashes about law and public policy reflect not deep, principled divisions about moral values, but different ways of prioritizing two purposes of the law: its pedagogical function, which encourages people to do good and avoid evil, and its remedial function, which tries to clean up the mess when people fail to do so. Watts v. Watts, a 1987 Wisconsin Supreme Court case I te (...)


 

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