Chapter

Rules and Law

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/9780198258315.003.0008

Series: Clarendon Law Series

Rules and Law

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This chapter examines the connection between rules and the common law. It analyses rule-based presuppositions of the idea of precedent, explains the idea of local priority among conflicting rules, and evaluates the philosophical foundations of the legal realist challenge to rule-based constraint. It explores the ‘ruleness’ in a decision making system and proposes a characterization of legal decision making called presumptive positivism.

Keywords: precedent; common law; local priority; ruleness; presumptive positivism

Chapter.  17393 words. 

Subjects: Jurisprudence and Philosophy of Law

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