Legality and rationality: A comment on Scott Shapiro's Legality

Legal Theory 19 (4):403-421 (2013)
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Abstract

One key premise in Shapiro's book Legality is that rationality requires those who have accepted the master plan for a system of law to obey the system's rules. In this paper, I question this premise, arguing instead that although it may be rational for agents to commit to follow the system's rule in all (or most) cases to which they apply, it is not rational for agents to follow the rules in fact when the rules appear to require the wrong outcomes in particular cases. My argument is based largely on epistemic responsibility, which I view as an element of rationality

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Emily Sherwin
Cornell University

References found in this work

The Toxin Puzzle.Gregory S. Kavka - 1983 - Analysis 43 (1):33-36.
Evidence and Normativity: Reply to Leite.Thomas Kelly - 2007 - Philosophy and Phenomenological Research 75 (2):465-474.
Law and Content-Independent Reasons.P. Markwick - 2000 - Oxford Journal of Legal Studies 20 (4):579-596.

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