Many other courts have used the uniformity principle
to reject the
Lockean reasoning requires two premises to establish a conclusion: the uniformity principle
about past causal regularities to claims about future causal regularities.
On the other hand, Kant would have encountered the similarity-of-causes problem in the first Enquiry, and both Guyer and Allison suggest that Kant finally addresses this problem and defends the uniformity principle
in his account of the reflective principle of purposiveness and its postulation of the systematicity of the laws of nature in the third Critique (Guyer 114-23, 209-22; Allison 143-60).
56) If the parties to the Convention wanted to require the use of courts-martial or a uniformity principle in Common Article 3, he observed, they could have included language to that effect used in other provisions of the Convention.
70) Common Article 3 itself, however, contains no uniformity principle, and although commissions have "generally" used procedures "similar" to those used by courts-martial, (71) Justice Kennedy could point to no uniformity principle in the past as strict as the one he advanced here.
The uniformity principle
that the Court derived from Article 36 of the UCMJ is cabined by the concept of impracticablity: "The uniformity principle
is not an inflexible one; it does not preclude all departures from the procedures dictated for use by courts-martial.
Professor Flechtner argues that the CISG does not and cannot mandate absolute uniformity of interpretation because the Convention is not a uniform document, and because the uniformity principle is one of only several interpretative principles contained in Article 7(1).
Flechtner, The Several Texts of the CISG in a Decentralized System: Observations on Translations, Reservations and Other Challenges to the Uniformity Principle in Article 7(1), 17 J.
Thus, while the "anti-coercion" and "anti-commandeering" principles hold hope for states opposing the general imposition of federal mandates, the differential fiscal impact of federally induced costs suggests that the uniformity principle
, the anti-discrimination rule, and the equality doctrine also present promising challenges to their use.
If the Court had ignored the federal statutes and allowed the death action, and also allowed nonpecuniary recovery, the uniformity principle
would clearly have been sacrificed to the humanitarian principle.
The former lacks textual support and is inconsistent with Hume's own use of induction; the latter cannot explain why Hume seeks to show that an inductive argument for the uniformity principle
retributive and uniformity principles
is often called the Theory of Just