Jump to ContentJump to Main Navigation
Methods of InterpretationHow the Supreme Court Reads the Constitution$
Users without a subscription are not able to see the full content.

Lackland H. Bloom Jr

Print publication date: 2009

Print ISBN-13: 9780195377118

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195377118.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 December 2020

Consequential Reasoning

Consequential Reasoning

(p.351) ten Consequential Reasoning
Methods of Interpretation

Lackland H. Bloom

Oxford University Press

This chapter considers the Court's usage of consequential arguments. It begins by considering some examples of classic consequential arguments. It then explores various issues that the Court addresses when employing consequential arguments including whether bad consequences are likely to occur, whether the Court can prevent them from occurring, whether the consequences are really that bad and whether the possibility of bad consequences should even influence the decision. It discusses the Court's consideration of whether principled lines can be drawn or whether a case by case approach will work. Finally, the chapter discusses the use of consequential argument as a rhetorical device.

Keywords:   bad consequences, classic, consequential arguments, decision, rhetorical devise, principled, case by case

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .