San Diego Law Review
Document Type
AALS: Rationality of Rule-Following
Abstract
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.
Recommended Citation
Heidi M. Hurd,
Why You Should Be a Law-Abiding Anarchist (Except When You Shouldn't),
42
San Diego L. Rev.
75
(2005).
Available at:
https://digital.sandiego.edu/sdlr/vol42/iss1/9