The Requirement of Consistency and the Problem of Interpretation: Clear Cases and Hard Cases

This chapter shows the requirement of consistency and the conflict of interpretation. It is easy to put across in a few short words the point about arguments from consistency in law. It also explores the clear cases and hard cases, problems of interpretation and classification, and problems of interpretation in case law. Then it considers the application of case-law rules in a relatively uncontroversial way, the topic of distinguishing precedents, especially where this involves ‘explaining’ them in a restrictive way; and the topic of extending and developing case-law rules.