Dreams and Formulas: The Roles of Particularism and Principlism in the Law
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2008
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American English
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Abstract
This Article draws upon the treatments of particularism in recent moral philosophy scholarship in order to shed light on the proper role of particularism in the law. We will find below that particularism and principlism in the law are distinguishable approaches to deciding and justifying the outcomes of case adjudications. They can be thought of as alternative approaches, or as different positions on a spectrum of approaches, to legal decisionmaking. Our main conclusion, however, will be that it is, surprisingly, more important to appreciate how mutually indispensible particularism and principlism are in the law.
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37 Hofstra Law Review 195
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Article