Imposing Rules

Schauer, Frederick

Journal: San Diego Law Review

Volume: 42

First Page: 85

Year: 2005

Bluebook Citation: 42 SAN DIEGO L. REV. 85 (2005)

Author: Frederick F. Schauer: all 105 publications


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.

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