Irrational Formation of the Law

The Idealist have an Irrational Formation of the Law.  An example would be Lord Patrick Devlin's use of religion as the basis for law.  Religion by definition is irrational.  Obviously by irrational one does not mean crazy or stupid, but rather the reasoning process of the irrational either lacks logic or an empirical basis. 

The need to be irrational should be recognized.  One usually is irrational when one feels the need to introduce a bit of humanity into the process.  In the process of making and enforcing law, the Idealists believes that humanity is best introduced in the formative process rather than the Application of the Law