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 ?
106) The counsellor, in this context, performs the office of a state casuist in order to direct policy towards the common good.
Casuists employed a host of metaphors to emphasize the conscience's efficient blend of panoptic and punitive control: "witness," "watcher," "recorder," "spy," "accuser," "Judge," "marshal," "hangman," and so forth.
Four Casuists, he reasons, can't be wrong on this particular subject.
The casuist then seeks out relevant longstanding cultural maxims.
The good casuist perceptively analyzes the situation, recognizes what is important and what is not, judiciously sees the ramifications of the issue, accurately compares the case with similar cases and carefully crafts a solution.
In insisting that this moral object must not be understood as "a process or an event of the merely physical order," John Paul's primary target was revisionist theory, which inherited what might be called "a physical understanding of the moral object" from the post-Tridentine casuist tradition.
True to the casuist method (which he briefly describes in an appendix), he investigates each case from as many angles as feasible and suggests responses that might have been justified.
Attempts to plumb the significance of the clause "in principle" in John Paul's allocution, which is essential for practicing ethics in a Catholic healthcare setting, appear as overly rigorous hairsplitting at best, and at worst as casuist sophistry for those seeking to establish a clear identity.
In an inverse way, it also lies behind much of the logic of the casuist tradition in its attempts to minimize the final attribution of personal responsibility for a particular moral fault.
Albert Jonsen and Stephen Toulmin, through their study The Abuse of Casuistry, have dramatically restored the credibility of casuistry by heeding the admonition of Anglican casuist, Kenneth Kirk that: "The abuse of casuistry is properly directed, not against all casuistry, but only against its abuse.
The method McCormick exemplified so superbly in the "Notes" is that of a casuist who examines a particular case, discerns the significant aspects, compares and contrasts them to other approaches, and proposes his own solution.
Although she does not use the term, Kamm is certainly a moral casuist, one whose point of departure in ethical reflection is considered responses to particular cases.