Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...) among decision-makers. (shrink)

We have benefited from conversations with Archon Fung, Brian Jacob, Todd Pittinsky, Peter Schuck, Ani Satz, Andrew Williams, and students in a joint class on statistics and ethics at the John F. Kennedy School of Government in October 2002. We are also grateful to our audience at the conference “The Priority of Practice,” organized by Jonathan Wolff at University College London in September 2003, and to Arthur Applbaum, Miriam Avins, Frances Kamm, Simon Keller, Frederick Schauer, Alan Wertheimer, and the Editors (...) of Phi- losophy & Public Affairs for insightful comments. We have benefited from prepublication reading of Schauer’s work on profiling, Profiles, Probabilities, and Stereotypes (Cambridge, Mass: Harvard University Press, 2003). We thank Avedis Koutoujian for research assistance. (shrink)

Many virtual communities that rely on user-generated content (such as social news sites, citizen journals, and encyclopedias in particular) offer unrestricted and immediate ‘write access’ to every contributor. It is argued that these communities do not just assume that the trust granted by that policy is well-placed; they have developed extensive mechanisms that underpin the trust involved (‘backgrounding’). These target contributors (stipulating legal terms of use and developing etiquette, both underscored by sanctions) as well as the contents contributed by them (...) (patrolling for illegal and/or vandalist content, variously performed by humans and bots; voting schemes). Backgrounding trust is argued to be important since it facilitates the avoidance of bureaucratic measures that may easily cause unrest among community members and chase them away. (shrink)