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Full-Text Articles in Jurisprudence
"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers
"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers
Law Faculty Scholarly Articles
Striving for consistency—for consistency, that is, properly understood—must characterize legal reasoning in order for the reasoning to deserve to be called "legal." It may conceivably be "good" or "moral" for identically situated persons to be treated differently by institutions with power, but doing so can hardly be called "legal." Very careful attention must be given, of course, to what is meant by "identically situated," as no two different persons can be 100% identically situated. Their names, for instance, are different. By identical, we must mean no relevant distinction, or no distinction that serves a purpose that we can articulate and …