San Diego Law Review


Heidi M. Hurd

Library of Congress Authority File


Document Type

AALS: Rationality of Rule-Following


In this Article, Professor Hurd emphasizes that the rationality of following any given rule resides in one's confidence that one is acting on the balance of reasons for action - including the good reasons for following the rule - and not at all in the fact that there is a rule. This means that if there are are weightier reasons to break the rule than to abide by it, all reasons for rule-following considered, the fact that one is breaking a rule is no more significant than would be the breaking of a stick. The author lists some reasons that make clear that the anarchist's fundamental refusal to substitute rules for her own judgment is fully compatible with, and indeed largely dictates, a life that rarely runs amok of the law.

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