Equal Justice Initiative
1. Describe the moral issue in the case. (Has someone been harmed? Has someone been lied to? Are there conflicts of interest? Is the state oppressing people? Are there morally loaded biases in play?) 2. Describe the relevant facts in the case. (Who has been harmed? How? By whom?) 3. What legal considerations apply to this case? 4. Is the law here a good law? Are there moral considerations that the law overlooks, or are there moral considerations the law pays too much attention to? 5. Imagine how things could have been in order to be better. This will partly depend upon the case, and what you argue, but here are some examples: if you argue the law is bad, describe how it could be a better law; if you argue people have behaved in an immoral or illegal way, describe how they might have achieved their aims in better ways. 6. How should the agents involved act professionally in this case?
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