it is sometimes wise not to comply with the rules. But it does exclude that one
always ponders whether to follow the rules or not.
Imagine that one should at every red traffic light wonder whether it is wise to stop.
Exceptions to rules should only be made in exceptional circumstances, which
should be easily recognizable as such.
An example would be to run a red traffic light to bring a patient whose life is in danger to the
hospital.14.5.4.2 Limited Rationality
Nobody has a perfect mind. Therefore, it is possible that somebody is mistaken
even if she is convinced that a particular rule is prudent. Another consequence is
that not everybody who thinks about the best possible rules will end up with the
same conclusions. And yet it is important that everybody uses the same rules
because rules do not only have the function to tell individual persons what to do
but also have the function to coordinate the behavior of people who live together.
Traffic rules nicely illustrate this point. Possibly some rules are better than others. But more
important is that everybody uses the same rules, because only then the predictability which
is necessary for a smooth traffic comes into being.Coordination Function The coordination function of rules is also the reason why
people should not ignore rules for the simple reason that the rules are not prudent.
For a start, they might be mistaken about it. But even if they are right, other people
still count on it that they will comply with the existing rules. The coordination
function of rules requires that everybody uses the same rules. Therefore, it is in
general prudent if everybody sticks to the positive law even if that does not always
consist of the best rules.
14.5.4.3 A Fundamental Difference
It may be tempting to oppose natural law theories such as the one proposed by
Thomas Aquinas to views according to which law is positive law, the work of
human beings. However, we have seen that even from a natural law point of view, it
is in general wise to comply with positive law. The practical differences are
therefore not so big as might seem at first sight. And yet the fundamental difference
is huge. According to Aquinas, law is ultimately not a matter of rules that exist in
social practice but a matter of which rules lead to the common good. The reason
why we should comply with positive law is not that it is by definition the law but
because it is rational to do so.
330 J. Hage