Jump to ContentJump to Main Navigation
Limits of LegalityThe Ethics of Lawless Judging$
Users without a subscription are not able to see the full content.

Jeffrey Brand-Ballard

Print publication date: 2010

Print ISBN-13: 9780195342291

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780195342291.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2019

Adherence Rules

Adherence Rules

Chapter:
(p.111) 7 Adherence Rules
Source:
Limits of Legality
Author(s):

Jeffrey Brand-Ballard (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342291.003.0007

This chapter poses five questions. First, are adherence rules serious rules or pseudorules? Second, what reasons do various adherence rules provide to judges? Third, what reasons do various adherence rules exclude from consideration? Fourth, which adherence rules, if any, do lawmakers have reasons to promulgate and why? Fifth, how should judges take adherence rules into account in their decisions? The function of adherence rules is analyzed in light of discussions by Joseph Raz and Frederick Schauer. The chapter distinguishes between permissive, moderate, and restrictive adherence rules. Various arguments for promulgating adherence rules are discussed, including arguments from formal legality, settlement, predictability, stability, error, efficiency, coordination, reliance, legitimacy, autonomy, respect, and fairness. The chapter concludes that there are good reasons to promulgate a restrictive rule.

Keywords:   serious rules, exclusionary reasons, content-independent reasons, settlement, coordination, reliance, legitimacy, autonomy, stability

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .