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Rawls objected to the 'summary' conception of rules characteristic of utilitarianism, that it allowed only 'one office and so no offices at all' (28).
In it Rawls distinguished between what he called the 'summary' conception of rules, in which rules are merely 'rules of thumb' i.e., guides to behavior based on reports of prior actions and their outcomes, and the 'practice' view of rules, which makes them out to be 'logically prior' to individual cases.
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According to this conception of rule, says O'Donnell, "whoever wins election to the presidency is thereby entitled to govern as he or she sees fit, constrained only by the hard facts of existing power relations and by a constitutionally limited term of office".
Similarly, this conception of rule utilitarianism assesses rules in both maximizing and scalar fashion.
A pragmatic conception of rule guidance might therefore seem to be required.
Glüer & Wikforss (forthcoming) argue that, as long as we are concerned with an intuitive conception of rule-following or rule-guidedness, the possibility of deviant causal chains makes it highly improbable that any true sufficiency claim will be forth-coming along these lines.
The extent to which citizens have access to justice in any given society depends on whether a thick or thin conception of rule of law is adopted.
Ronald Dworkin, one of the leading scholars advocating the thick conception of the rule of law, defines what he terms the "rights conception" of the rule of law as follows: Paul Craig, in analysing Dworkin's view, drew three conclusions.
On the other hand, the thick conception of the rule of law entails the notion that in addition to the requirements of the thin rule, it is necessary for the law to conform with certain substantive standards of justice and human rights.
The key to Kennedy's reasoning in the Guantánamo case was his expansive conception of the rule of law.
Many scholars have argued that Otto III's Byzantine connections shaped his conception of imperial rule.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com