San Diego Law Review
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.
Heidi M. Hurd,
Why You Should Be a Law-Abiding Anarchist (Except When You Shouldn't),
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol42/iss1/9