Playing by the rules : a philosopical examination of rule based decision making in law and in life
- New York : Oxford University Press, 1991
- 254 p.
Chapter I: Introduction: the varieties of rules The pressure of rules Mandatory rules Constitutive and regulative The logic of norms Rules and law Some problems of terminology The limits of ordinary language Chapter 2: Rules as generalizations The general and the particular Descriptive generalization Generalizations as suppressions Generalization and the structure of rules Prescriptive generalization Generalization and probability The under-and over inclusiveness of rules The open texture of rules Chapter 3: The entrenchment of generalizations The model of conversation The model of entrenchment The entrenchment of prescriptive generalizations Rules as entrenched generalizations Chapter 4: The sources of entrenchment Entrenchment and semantic autonomy Rule and rule formulation The foundations of rule following Formulation and canonicity The layers of rules Chapter 5: Decision making by entrenched generalization A distinction with a difference The structure of extensional divergence Raz and exclusionary reasons Two types of justification The suboptimality of rules Ruleness and behavior Rules of thumb revisited Chapter 6: The force of rules Rules as reasons The roots of normative force Internalization and weight The asymmetry of authority Chapter 7: The reasons for rules The argument from fairness The argument from reliance The argument from efficiency Two types of error The argument from stability Rules and the allocation of power Rules, community, and co-ordination Chapter 8: Rules and law Rules and the rule of law The common law The problem of precedent Conflicts of rules and local priority The realist challenge Presumptive positivism Chapter 9: The interpretation of rules The occasions of interpretation Hart and fuller revisited Rules and reality Purpose and intention in interpretation Interpretation and discretion Chapter 10: Epilogue: the silent virtues
Direito Regulamento Lei Processo Decisório Legislação