front cover of Aporetics
Aporetics
Rational Deliberation in the Face of Inconsistency
Nicholas Rescher
University of Pittsburgh Press, 2009
The word apory stems from the Greek aporia, meaning impasse or perplexing difficulty. In Aporetics, Nicholas Rescher defines an apory as a group of individually plausible but collectively incompatible theses. Rescher examines historic, formulaic, and systematic apories and couples these with aporetic theory from other authors to form this original and comprehensive survey. Citing thinkers from the pre-Socratics through Spinoza, Hegel, and Nicolai Hartmann, he builds a framework for coping with the complexities of divergent theses, and shows in detail how aporetic analysis can be applied to a variety of fields including philosophy, mathematics, linguistics, logic, and intellectual history.

Rescher's in-depth examination reveals how aporetic inconsistency can be managed through a plausibility analysis that breaks the chain of inconsistency at its weakest link by deploying right-of-way precedence based on considerations of cognitive centrality. Thus while involvement with cognitive conflicts and inconsistencies are pervasive in human thought, aporetic analysis can provide an effective means of damage control.
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front cover of Inconsistency and Indecision in the United States Supreme Court
Inconsistency and Indecision in the United States Supreme Court
Matthew P. Hitt
University of Michigan Press, 2019
The United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support.

Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
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