Chapter

The Force of Rules

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/9780198258315.003.0006

Series: Clarendon Law Series

The Force of Rules

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This chapter examines the factors that make a rule constitute a reason for decision. It analyses several internal points of view of rule suggested by different philosophers and suggests that the weight of a rule should be measured by its ability to resist the force of other reasons for decision indicating contrary results. The findings reveal the importance and the limitations of a sanction-based explanation of the process of internalization.

Keywords: internalization; sanctions; decision; rule weight

Chapter.  10776 words. 

Subjects: Jurisprudence and Philosophy of Law

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