Chapter

The Sources of Entrenchment

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/9780198258315.003.0004

Series: Clarendon Law Series

The Sources of Entrenchment

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This chapter argues that if the force of rules lie in the phenomenon of entrenchment generalization then it becomes necessary to locate the sources of entrenchment. It analyses the relationship among rules, rule-formulations, and meaning, and the relationship between an instantiation and its background justification. The chapter concludes that the meaning of a rule’s actual or potential formulation is more central to understanding its power than is commonly supposed and rule-based decision making exists when the instantiation is entrenched.

Keywords: entrenchment generalization; meanings; instantiation; background justification; actual formulation; potential formulation

Chapter.  10856 words. 

Subjects: Jurisprudence and Philosophy of Law

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