Legal Inconsistencies

Abstract

It is a familiar thought from the rule of law literature and from everyday life that legal norms within a given jurisdiction ought to be consistent. However, little work has been done to explain this demand. This Article develops a theory of legal inconsistencies, both what they are and why legal systems ought to avoid them. In addition to contributing to a theoretical discussion of legal inconsistency, the Article also articulates a remedy under American law for those harmed by inconsistencies. The Article contends that legal inconsistencies violate Due Process.

Keywords: legal inconsistency, due process, Lon Fuller, sexting, crack/powder cocaine disparity, consistency principle, action guidance, jurisprudence, rule of law, legal contradiction