Different questions demand different kinds of decision procedures
Evidence
In a very small community, it might be possible to have a single community organ, such as a council of elders, with undifferentiated authority to settle every kind of question of community concern. But in a complex modern society the questions demanding settlement are too numerous for any single individual or group of individuals to handle. Moreover, different procedures and personnel of different qualifications invariably prove to be appropriate for deciding different kinds of quest- ions. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 909
Categorization
- XREF: Builds toward the course’s institutional-role theme; also shades into the differing institutional competencies question central to separation of powers. — connects to: Proper legal answers require understanding each process’s role in the whole system — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 926; Institutional allocation of rule-making duty depends on the type of question at stake — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4174; Legal and non-legal deciders draw on different but overlapping argument forms. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 496 (+3 more)
Broader Connections
- Institutional allocation of rule-making duty depends on the type of question at stake
#expands(0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4174 - Requiring a single yes-or-no answer to a compound question smuggles in an unproven assumption
#exemplifies(0.78) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1154 - Category construction, boundary definition, and incorporation are power questions.
#exemplifies(0.78) — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 120 - Legal and non-legal deciders draw on different but overlapping argument forms.
#expands(0.75) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 496 - Counter-factual reasoning can be systematic if bounded to specific questions
#exemplifies(0.72)