By Frederick Schauer
Principles are a primary element of such different companies as legislation, morality, language, video games, faith, etiquette, and family members governance, yet there's frequently confusion approximately what a rule is, and what principles do. delivering a complete philosophical research of those questions, this publication demanding situations a lot of the prevailing criminal, jurisprudential, and philosophical literature, via seeing an important function for principles, an both major function for his or her stricter operation, and making the case for ideas as units for the allocation of strength between decision-makers.
Read or Download Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life PDF
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Additional info for Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life
Example text
26 Open texture is "'' Friedrich Waism a n n , 'Verifi a b i l i t y ' , passim . F o r a use fu l elaboration of the idea , see Avishai Marga l i t . 'Open Texture ' . passim . Hart applies the concept to legal rules i n The Concept of' Law, 1 20 , 1 24-3 2 . but his notion seems slightly broader and i n o n e way less helpful than Waism ann's origi nal conception . Hart identifies open texture as being an i ne l i m i nablc feature of language . and thus of l i nguist ically articulated ru les.
These empirical conclusions, however, are based on current perception of the current world, and something about that world could change tomorrow , or we could tomorrow discover something previously unknown about today's world . In either case , this new knowledge would falsify the previously presumed precision of the rule. A hitherto undiscovered breed of dog, for example , might not possess the reaction-producing agent , or people might be found who had an immunity to the reactions previously thought to affect everyone.
Our confrontations arc commonly with particulars-this person, that building, these rocks, those words-but we hold on to the world by organizing those particulars within larger groupings . The particulars we perceive are as a result not only particulars , but are particular x's, being instances or tokens of more encompassing categories . 4 Some of the categories with which (or into which) we group our 4 F o r my purposes, I take the words 'class' and 'category' to be synonymous, thus departing from the usage of the metaphysici a n , who reserves the word 'category' for those classes that are in some sense ultimate .