Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life (Clarendon Law Series)

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power among decision-makers.

SCHAUER, FREDERICK

Legal Theory & Systems

Oxford University Press

Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power among decision-makers.

Business & Money

Management & Leadership

Clarendon Press

The Oxford Handbook of Freedom of Speech (Oxford Handbooks)

Stone, Adrienne

Constitutional Law

Each chapter opens with a concise scene-setting commentary, then turns the "debate" over to selections from the large amount of literature that has treated free speech/press/religion since the 17th century. The authors describe their general editorial approach to selecting the pieces as tending toward consensus classics in the field and other articles especially good at clarifying arguments for the classroom.

The First Amendment: A Reader, 2d (Coursebook)

Garvey, John H.

West Academic Publishing

Free Speech: A Philosophical Enquiry

Politics & Social Sciences

Philosophy

Cambridge University Press

Profiles, Probabilities, and Stereotypes

This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? 
 Frederick Schauer strives to analyze and resolve these prickly questions. When the law "thinks like an actuary"--makes decisions about groups based on averages--the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? 
 These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.

Law Practice

Belknap Press

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Thinking Like a Lawyer: A New Introduction to Legal Reasoning

Legal Education

Harvard University Press

The Proof: Uses of Evidence in Law, Politics, and Everything Else

Review\n“At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. Schauer's The Proof integrates knowledge of legal doctrine, social science studies, philosophy, and history and offers both timely and enduring insights.”―Martha Minow, former Dean of Harvard Law School and author of When Should Law Forgive?\n“The Proof is an engaging tour of a range of knotty problems relating to evidence and reasoned inference. Fred Schauer shares a wealth of insights he has developed over several decades of teaching and writing about evidence law and the nature of proof. A pleasure to read.”―David Alan Sklansky, author of A Pattern of Violence\n“A thoroughly enjoyable and accessible book on how the insights of evidence law can help all of us make better decisions in our everyday lives. A much-needed guide in a confusing world awash in information and misinformation. The Proof is sure to become a classic!”―Edward K. Cheng, Vanderbilt Law School\n“With his uncanny ability to blend erudition and accessibility, Fred Schauer unpacks how to think about proof―what people tell us, what we see, what the experts say―in everyday life. An extraordinarily readable book with breathtaking range and clarity, The Proof is an indispensable guide for those who seek to thoughtfully navigate the world. I cannot recommend it highly enough.”―Kimberly Kessler Ferzan, University of Pennsylvania Carey Law School\n“If you care about evidence, the search for the truth, about what we know and how we know it, you have a lot to learn from this timely and masterful book.”―Lee C. Bollinger, President and Seth Low Professor of the University, Columbia University\n“Assessing evidence: that is the essence of judgment. Schauer’s The Proof imparts the disturbing lesson that we, be we individuals or organizations, are poor judges. Fortunately, this book wields tools from law, psychology, and statistics, plus an array of historic examples and contemporary accounts, to show how we can dramatically improve as assessors. Even better, it does so with wit.”―Richard Zeckhauser, Frank P. Ramsey Professor of Political Economy, Harvard University\n“Schauer displays a level of intellectual honesty one rarely encounters these days…This is delightful stuff, all the more so coming from an author whose political sympathies clearly lie far from the Trump family. Chapters on the state of criminology and the nature of lying are similarly engaging.”―Barton Swaim, Wall Street Journal\n“[Schauer’s] essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees (from weak to strong, from extraneous to relevant) and that probability, the likelihood that the evidence or testimony is accurate, matters…[He] has fascinating things to say about the reliability of eyewitnesses, hearsay and lie detectors, the efficacy of honor codes and courtroom oath taking, and the trustworthiness of letters of recommendation.”―Steven Mintz, Inside Higher Education\nIn a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established.\nIn the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence.\nEvidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisi

Belknap Press: An Imprint of Harvard University Press

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