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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.1017/cbo978...
Part of book or chapter of book . 2009 . Peer-reviewed
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Law and Philosophy at Odds

Authors: Larry Alexander; Emily Sherwin;

Law and Philosophy at Odds

Abstract

This essay, prepared for a symposium on the role of philosophy in law, suggests that philosophical discipline calls into question several features of practical legal decisionmaking. In particular, philosophical analysis of the practice of following rules shows that complying with legal rules when they dictate outcomes contrary to the rule's objectives is irrational. At the same time, important benefits associated with law depend on unreflective application of legal rules, without reference to underlying objectives. Philosophical analysis also suggests that the supposed practice of analogical reasoning in law is illusory. Courts cannot make intelligible decisions based on similarities and differences between cases. At the same time, the process of seeking analogies in the facts and outcomes of prior cases can have salutary effects on judicial rulemaking. This is not to say that philosophers should abstain from analyzing legal practices. Tradition and habit are likely to prevail over philosophical insight in the daily business of judicial decisionmaking.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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