Irrational Application of the Law

Since the Pragmatists have been Rational in the Formative Process of the law, they must be irrational in the Application of the Law.  (an explanation of why this is so)

Pragmatists attempt to apply the law in a rational manner, but they realize that at some point to be perfectly rational would mean that they would need to know everything.  That not being possible, and realizing that a judgment is still required of them, they have no choice but to be irrational.  Of course, everyone makes many important decisions without sufficient information.  The lack of information is only part of the problem.  The Pragmatic judge may use intuition or general feelings to guide him or her in determining a sentence.  Of course, there may be no other way to determine sentences than by being irrational.  The Pragmatist may see that the entire sentencing process is irrational.  How should a car thief be assigned to prison for a specific length of time?  How does stealing a car relate to going to prison on a specified  sentence.

The Pragmatist realizes that to ensure a certain amount of humanity in the criminal process it may be necessary to be irrational.  The Pragmatist believes it is better to insert the humanity into the process during the Application of the Law rather than in the Formation of the Law.