ABSTRACT

I commence with a brief summary of the account of mies I have set forth at length elsewhere.4 This account, focusing on mies as entrenched generalizations likely to be under-and over-inclusive in particular cases, enables us to contrast two forms of decisionmaking: mle-based decisionmaking, in which a generalization provides a reason for decision even in the area of its under-or over-inclusion; and particularistic decisionmaking, which aims to optimize for each case and treats normative generalizations as only temporary and transparent approximations of the better results a decisionmaker should try to reach.