Chapter

The Entrenchment of Generalizations

FREDERICK SCHAUER

in Playing by the Rules

Published in print February 1993 | ISBN: 9780198258315
Published online March 2012 | e-ISBN: 9780191681844 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258315.003.0003

Series: Clarendon Law Series

The Entrenchment of Generalizations

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This chapter examines the distinction between conservational and entrenchment models of generalization in relation to rules and decision making. The result indicates that under- and over-inclusive generalizations under the conversational model are applicable to most cases, but they are not as flexible under the entrenchment model. The findings also indicate that rule-based decision making can consequently be considered as a form of decision making where entrenched generalizations provide reasons for decision qua generalizations.

Keywords: generalizations; entrenchment model; decision qua generalizations; conversational model

Chapter.  6574 words. 

Subjects: Jurisprudence and Philosophy of Law

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