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Methods of Interpretation$
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Lackland H. Bloom Jr

Print publication date: 2009

Print ISBN-13: 9780195377118

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195377118.001.0001

Consequential Reasoning

Chapter:
(p.351) ten Consequential Reasoning
Source:
Methods of Interpretation
Author(s):

Lackland H. Bloom

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195377118.003.0010

This chapter considers the Court's usage of consequential arguments. It begins by considering some examples of classic consequential arguments. It then explores various issues that the Court addresses when employing consequential arguments including whether bad consequences are likely to occur, whether the Court can prevent them from occurring, whether the consequences are really that bad and whether the possibility of bad consequences should even influence the decision. It discusses the Court's consideration of whether principled lines can be drawn or whether a case by case approach will work. Finally, the chapter discusses the use of consequential argument as a rhetorical device.

Keywords:   bad consequences, classic, consequential arguments, decision, rhetorical devise, principled, case by case

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