Advantages and Disadvantages of the Golden Rule

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Advantages and Disadvantages of the Golden Rule

Advantages

  • Provides an escape route from the strict application of the Literal Rule.
  • Makes more sensible decisions.

Disadvantages

  • Rarely used.
  • Cannot predict when it'll be used.
  • Professor Zander: "A feeble parachute".
  • Rather limited use.

Evaluation

An advantage of the golden rule is that it provides an escape route from the strict application of the Literal Rule. This was shown in the case of Adler v George, whereas, if the literal rule was applied, D's would have not been found guilty. It can also provide make more sensible decisions that the literal rule. This helps to provide more justice, like in the case of Re Sigsworth where D was not allowed to benefit from his crimes.However, the rule has rather limited use and is rarely used. Because of this, its hard to predict its use, making it hard for lawyers to predict outcomes for their clients. Also, even when it is used, it doesnt do very much. Professor Zander described it as a "feeble parachute".

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