Scalia and the Law of Rules in Decision Making

Guns and Such

Are there any sources that add a different perspective to the blog below?

One source that could add a different perspective to the blog is Scalia (1989) who describes the rule of law as a law of rules. This provides a helpful lens that can be added to the lenses described by the author already. What Scalia (1989) identifies as fairness in justice is that which the author in the blog sees as customers’ rights compared to the rights of the business. The laws of the land may allow customers to conceal carry, but the business also has the right to set its own policy—and the big issue in the article is how it should set policy so as to consider its customers.

That is where Scalia’s (1989) article can be seen as helpful: Scalia states that the rule of law should be balanced by a consideration of factors on both sides, as well as by personal discretion. In other words, the individual view has some importance in these matters and should not be discounted. The law is not something that should be hard like a hammer but rather something that should be flexible and helpful because it is there to guide and support society—not to hit it over the head or harm it (Scalia, 1989).