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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

    It is not the case that Absent that verification, the consequentialist defense of rule-based admissibility rests on an empirical premise—that rules outperform case-by-case judgment over time—that has not been established.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
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    • 1.Rules may optimize for average cases while systematically failing atypical cases where case-by-case judgment would succeed.
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    • 2.The claim requires comparing rules against idealized case-by-case judgment, not realistically constrained human judgment in practice.
      ?

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    • 3.No longitudinal evidence directly compares rule-based versus discretionary regimes controlling for context, making the empirical premise unfalsifiable.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Case-by-case judgment is vulnerable to cognitive biases, inconsistency, and fatigue that systematically worsen decisions over time.
      ?

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    • 2.Rules create predictability and precedent that reduce arbitrariness even if imperfect, whereas ad hoc decisions lack this stabilizing effect.
      ?

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    • 3.Empirical studies of judicial decision-making show high variance in outcomes for similar cases, suggesting rules would improve consistency.
      ?

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