Rational Application of the Law

Since the Idealist has an Irrational Formation of the law it is necessary for the Idealistic Application of the law to be Rational.  In this sense rational may not mean exactly what it did in the Pragmatic Formation of the Law.  In the Pragmatic formation of the Law Rational meant being both logical and empirical.  In this Idealistic Application of the law it certainly means being logical, though it may not mean being empirical.  Being rational for the Idealist means adhering to Idealistic principles, though empirical requirements may not be necessary or even appropriate.

For instance, Lord Patrick Devlin has an Irrational Formation of the law using religion as the basis for the law.  However, when Devlin applies the law he does so by being extremely logical.  He concludes part of his logical treatise by stating that immoral people are traitors to society and society can treat traitors any way they like.  This may not sound rational to the Pragmatist, but using the Devlin's Foundation of Law it makes perfect sense.