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 ?
(II.423-29) There are, of course, monologues in the comedias which do not happen to be introduced by the "Que he de hacer?" lead-in, but which nevertheless contain traces of the casuistical reasoning process.
Indeed, the basic configuration of casuistical analysis is paradoxical: it posits, on the one hand, synderesis, which supposes the existence of stable general laws which are "always right", and on the other, conscience as involving the variability of perhaps infinite circumstances: "As an epistemological procedure, casuistry fostered a habit of dwelling on particularities and nuances of individual experience, a habit that resisted the putative purpose of casuistry: to reach a certain judgment of acts based on a clear definition of the boundary between culpability and innocence." (249) The point of casuistry was to give a certain answer; however, its methodology--the focus on particular contexts--tended to emphasize the relativity of the process of moral assessment.
Initially, there were no satisfactory mechanisms for linking statements of principle, such as the AFL's often stated opposition to racism in any form, on or off the field, to casuistical capacity.
It is tempting to think that the Supreme Court has erred in maintaining its casuistical, rule-free, fact-specific course in the context of affirmative action.
For a further extensive discussion of this kind of "casuistical apologue" - to coin a label that she might object to and that will never catch on, see Nussbaum's discussion of James's The Golden Bowl in Love's Knowledge (125-47).
Correspondingly, the "thin" and formalistic universal law formulation of Kant's categorical imperative is tied necessarily to the "thick" and substantive end-in-itself formulation, now reconceived as the basic a priori moral principle for a quasi-deductive casuistical (in the good sense) system of moral judgments.
For instance, she sees 'The Sunne Rising' as arguing that the conventions the audience uses to decide on right action are merely relative, and that Donne's concern is to define the exceptional status of his situation, so that he can claim a casuistical dispensation from these conventions.
An exhibit of "personal dilemma" writing showed high-schoolers honing their casuistical aptitude and talent for self-laceration.
There follows an examination of the properly 'casuistical' strategy of moral reasoning from local example favoured by Clarissa and the conduct books upon which it draws.
His critics have pointed out that Cardozo's decisions could be oversubtle, even casuistical. They are selective in recounting the salient facts.
Owing to the casuistical principles maintained by many of the leaders of the older organization and attributed to the order as a whole, the name Jesuit acquired a very opprobrious signification both in Protestant and Roman Catholic countries.
In its casuistical critique of positive institution, Caleb Williams divides the philosophical from the political, aligning both its sympathies and its ethics squarely with the former term.