San Diego Law Review Issue Search
| Volume | 42 |
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| Month | February |
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| Year | 2005 |
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| Title | Imposing Rules |
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| Author(s) | Frederick Schauer |
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| First Page | 85 |
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| 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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