December 5, 2017
Judges Rely on Principles in Changing Legal Rules
The word “rule” means a principle or regulation governing conduct. I started reading an article in Paul Groarke’s Legal Theories which mentioned about the judges relying on the Principles to change Legal Rules. In this article the lawsuits being talked are of Riggs and Henningsen. These two are different lawsuits but pertains the similarity of having a new rule set prior to the deciding of the cases, by the Judges based on Principles.
In Riggs’ lawsuit the court cited the principle No man may profit from his own wrong as a background standard against which to read the statute of wills. The case Riggs v Palmer was between a grandson of a rich man, Elmer Palmer and Mrs. Riggs and Mrs. Preston, who were involved for the share in latter’s father’s will. Initially Elmer who was a youngster at that time was planned to be getting a larger share from his grandfather’s will along with a little share to each daughter. Fearing his grandfather might change the will before he becomes legal age, he murdered him. The courts had to setup a new rule to make the judgement as there was no such case happened before and no ruling persisted.
On the other side in Henningsen’s lawsuit, the court...