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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: 28 July 2021

Rules and Standards

Rules and Standards

Chapter:
(p.100) 5 Rules and Standards
Source:
How to Do Things with Legal Doctrine
Author(s):

Pierre Schlag

Amy J. Griffin

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226726380.003.0006

Much argument in modern legal systems (certainly in the American legal system) seems to be a manifestation of this stylized dispute about the relative virtues and vices of rules and standards. Indeed, the rules vs. standards disputes play an important role in fashioning legal directives. In this chapter we will consider the arguments for and against rules and standards.

Keywords:   rules and standards, legal directives, modern legal systems

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