Casuistry

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Casuistry

1. In law, the act of applying a rule or principle to a theoretical situation in order to see how it holds up.

2. In law, the act of generalizing an unusual situation in order to form a rule or principle based on it.

3. Derogatory, faulty reasoning.
References in periodicals archive ?
However, this probabilist moral context, its relationship to an evolving climate of skepticism and doubt, and the relevance of casuist treatises as 'carriers of political thought in the early modern period' has been either neglected or discounted.
Following the opinion of Thomas Aquinas, Catholic and Protestant casuists agreed that even an erring conscience was morally binding.
In a similar vein, the seventeenth-century Protestant casuist William Ames observes that the operation of conscience is tripartite, or syllogistic: "That which doth dictate or giue the proposition is called Synteresis, by the Schoolmen Synderesis.
Four Casuists, he reasons, can't be wrong on this particular subject.
Swift's own rhetoric, it hardly needs to be said, is full of just such techniques, only that his ingenuities are more openly and provokingly spurious than those of traditional casuists.
Hale could have in mind collections of common law "maxims" in addition to the casuists and schoolmen mentioned above.
They invert the order of authority that the high casuists and early manualists use, acknowledging the authority of the papacy and of Roman dicasteries before and, in fact, sometimes without considering the authority of the argument itself.
19) It is just this situationally specific moral persona--that was assumed by the diplomatic casuists of the European state ensemble--that Vattel's Droit des gens addresses and seeks to groom: 'The law of nations is the law of sovereigns.
That would be as stupid as going to the Casuists for it.
His highly ambiguous text was interpreted by subsequent generations as a denunciation of all casuists, however; and by 1725, casuistry had fallen into such ill repute that Alexander Pope could write in The Rape of the Lock, "cages for gnats .
Casuistry is thus indebted to phronesis for its methodological and theoretical assumptions about moral knowledge: casuists must be capable of prudential discernment in classifying and deciding cases, pay particular attention to case details, and locate contingent moral truths in the case rather than in timeless theoretical knowledge.
All the major casuists of the seventeenth century (William Perkins, William Ames, Joseph Hall, Robert Sanderson, and Jeremy Taylor) discussed "matrimonial cases.