San Diego Law Review
Document Type
AALS: Rationality of Rule-Following
Abstract
The majority of the literature on rules is focused on the rule-subject. Yet although the issues surrounding the morality and rationality of rule-following are indeed important, the parallel issues of rule-imposition are no less so. When examining the morality and rationality of rule-imposition, however, we discover structural differences between the standpoint of the rule-imposed and that of the rule-subject, differences that make the morality and rationality of rule-imposition considerably more divergent from the morality and rationality of rule-following than is commonly appreciated. It is just that divergence - the divergence between the perspective of the rule-imposed and the perspective of the rule-subject - that the author seeks to explore in this Article.
Recommended Citation
Frederick Schauer,
Imposing Rules,
42
San Diego L. Rev.
85
(2005).
Available at:
https://digital.sandiego.edu/sdlr/vol42/iss1/10