[Avodah] sevara vs. psak

[Rich, Joel]

I've posted about this previously, but my post was very confusing and no one responded.  Here's the same problem expounded very clearly in the context of American constitutional law:

http://volokh.com/2010/07/07/mcdonald-and-the-voting-paradox/

It happens all the time in psak halacha.  Anyone know of any general discussions about the problem?

David Riceman

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Isn't this the classic knock on the supposed S"A algorithm of taking best 2 out of 3 (Rambam,Rosh and Rif)?
OTOH if you take Hashem nitzav badat keil (or something along those lines-I'm at work) as that the shechina is shoreh on a beit din, then it's really not a problem (me-until the next beit din has to decide a case that doesn't involve both issues?)
KT
Joel Rich
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