Many other courts have used the uniformity principle to reject the
where the uniformity principle is not crucial." (55)
As it is often read, in Treatise 1.3.6 Hume raises skeptical doubts about causal reasoning by showing that there are no grounds for accepting the uniformity principle
. Schmitt challenges this interpretation by distinguishing between Lockean reasoning and Humean inference, arguing that the attacks in 1.3.6 concern only Lockean reasoning.
Flechtner, The Several Texts of the C1SG in a Decentralized System: Observations on Translations, Reservations and Other Challenges to the Uniformity Principle
in Article 7(1), 17 J.L.
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.
Rather, he judged military commissions by court-martial standards, asserting that Common Article 3 "supports, at the least, a uniformity principle." (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.
shall be uniform insofar as practicable and shall be reported to Congress." (13) Despite contrary World War II precedent, (14) the Hamdan Court seized on this seemingly modest provision, the implications of which for military commissions occasioned no discussion in the relevant committee reports, (15) as establishing a "uniformity principle
" contravened by Hamdan's military commission.
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).(48)
As a result of such rulings, the humanitarian principle would clearly have been sacrificed to the uniformity principle
. 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