Chapter

Decision-making by Entrenched Generalization

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/9780198258315.003.0005

Series: Clarendon Law Series

Decision-making by Entrenched Generalization

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This chapter examine the distinction between particularistic and rule-based decision making. It analyses the suboptimality of rules and suggests that this account rejects the arguments about the extensional equivalence between particularistic and rule-based decision making procedures. It compares this account of rules with several others, including the rule-sensitive particularism found in the act-consequentialist literature and the analysis offered by Joseph Raz.

Keywords: suboptimality; particularism; extensional equivalence; Joseph Raz

Chapter.  15244 words. 

Subjects: Jurisprudence and Philosophy of Law

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