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How to Do Things with Legal Doctrine$
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Pierre Schlag and Amy J. Griffin

Print publication date: 2020

Print ISBN-13: 9780226726106

Published to Chicago Scholarship Online: May 2021

DOI: 10.7208/chicago/9780226726380.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 03 August 2021

The Legal Distinction

The Legal Distinction

Chapter:
(p.72) 4 The Legal Distinction
Source:
How to Do Things with Legal Doctrine
Author(s):

Pierre Schlag

Amy J. Griffin

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226726380.003.0005

In this chapter, we will address questions such as: What work do legal distinctions do? What kinds of criteria can be used to evaluate legal distinctions? What are the classic flaws that can afflict legal distinctions? Why do these flaws matter substantively? In reading this chapter, it will help considerably to think of the various sections as different perspectives on or entry-points to the legal distinction—to wit, different ways of approaching the topic.

Keywords:   legal distinctions, liability and guilt, subjective vs objective

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