{"title":"骆驼的鼻子在帐篷里:规则、理论和滑坡","authors":"M. Rizzo, D. Whitman","doi":"10.2139/SSRN.352981","DOIUrl":null,"url":null,"abstract":"Slippery slopes have been the topic of a spate of recent literature. In this Article, the authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and their associated slippery slope events (SSEs). The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multi-layered, consisting of decisions, rules, theories, and research programs. Each layer influences and shapes the layer beneath: rules influence decisions, theories influence the choice of rules, and research programs influence the choice of theories. In this structure, SSAs take the form of meta-arguments, as they purport to predict the future development of arguments in the structure. Evaluating such arguments requires having knowledge of the specific content of the structure of discussion itself. The Article then presents four viable types of slippery slope argument, draws attention to four different factors that (other things equal) tend to increase the likelihood of slippery slopes, and explores a variety of strategies for coping with slippery slopes.","PeriodicalId":53555,"journal":{"name":"Ucla Law Review","volume":"51 1","pages":"539-592"},"PeriodicalIF":2.3000,"publicationDate":"2002-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.352981","citationCount":"59","resultStr":"{\"title\":\"The Camel's Nose is in the Tent: Rules, Theories and Slippery Slopes\",\"authors\":\"M. Rizzo, D. Whitman\",\"doi\":\"10.2139/SSRN.352981\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Slippery slopes have been the topic of a spate of recent literature. In this Article, the authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and their associated slippery slope events (SSEs). The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multi-layered, consisting of decisions, rules, theories, and research programs. Each layer influences and shapes the layer beneath: rules influence decisions, theories influence the choice of rules, and research programs influence the choice of theories. In this structure, SSAs take the form of meta-arguments, as they purport to predict the future development of arguments in the structure. Evaluating such arguments requires having knowledge of the specific content of the structure of discussion itself. The Article then presents four viable types of slippery slope argument, draws attention to four different factors that (other things equal) tend to increase the likelihood of slippery slopes, and explores a variety of strategies for coping with slippery slopes.\",\"PeriodicalId\":53555,\"journal\":{\"name\":\"Ucla Law Review\",\"volume\":\"51 1\",\"pages\":\"539-592\"},\"PeriodicalIF\":2.3000,\"publicationDate\":\"2002-11-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.2139/SSRN.352981\",\"citationCount\":\"59\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ucla Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.352981\",\"RegionNum\":1,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ucla Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.352981","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The Camel's Nose is in the Tent: Rules, Theories and Slippery Slopes
Slippery slopes have been the topic of a spate of recent literature. In this Article, the authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and their associated slippery slope events (SSEs). The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multi-layered, consisting of decisions, rules, theories, and research programs. Each layer influences and shapes the layer beneath: rules influence decisions, theories influence the choice of rules, and research programs influence the choice of theories. In this structure, SSAs take the form of meta-arguments, as they purport to predict the future development of arguments in the structure. Evaluating such arguments requires having knowledge of the specific content of the structure of discussion itself. The Article then presents four viable types of slippery slope argument, draws attention to four different factors that (other things equal) tend to increase the likelihood of slippery slopes, and explores a variety of strategies for coping with slippery slopes.
期刊介绍:
In 1953, Chief Justice Earl Warren welcomed the UCLA Law Review''s founding volume by stating that, “[t]o a judge, whose decisions provide grist for the law review mill, the review may be both a severe critique and a helpful guide.” The UCLA Law Review seeks to publish the highest quality legal scholarship written by professors, aspiring academics, and students. In doing so, we strive to provide an environment in which UCLA Law Review students may grow as legal writers and thinkers. Founded in December 1953, the UCLA Law Review publishes six times per year by students of the UCLA School of Law and the Regents of the University of California. We also publish material solely for online consumption and dialogue in Discourse, and we produce podcasts in Dialectic.