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Full-Text Articles in Law
The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo
The Problem Of Moral Dirigisme: A New Argument Against Moralistic Legislation, Mario Rizzo
Mario Rizzo
This Article applies a theory of rational choice to moral decisionmaking. In this theory, agents act primarily on local and personal knowledge to instantiate moral principles, virtues and moral goods. The State may seek to prevent them from acting as they independently determine by prescribing or proscribing certain conduct by formal legal means. If its purpose is to ensure that people act morally or become better persons, we call this “moral dirigisme.” Our thesis is that the need to use decentralized knowledge to determine the moral status of an act makes the task of the moral dirigiste well-neigh impossible. The …
The Camel's Nose Is In The Tent: Rules, Theories And Slippery Slopes, Mario Rizzo, Glen Whitman
The Camel's Nose Is In The Tent: Rules, Theories And Slippery Slopes, Mario Rizzo, Glen Whitman
Mario Rizzo
The authors provide a general theory for understanding and evaluating slippery slope arguments (SSAs) and their associated slippery slope events (SSEs). The central feature of the theory is a structure of discussion within which all arguments take place. The structure is multi-layered, consisting of decisions, rules, theories,and research programs. Each layer influences and shapes the layer beneath: rules influences decisions, theories influence the choice of rules, and research programs influence the choice of theories. In this structure, SSAs take the form of meta-arguments, as they purport to predict the future development of arguments in this structure. Evaluating such arguments requires …
Which Kind Of Legal Order? Logical Coherence And Praxeological Coherence, Mario Rizzo
Which Kind Of Legal Order? Logical Coherence And Praxeological Coherence, Mario Rizzo
Mario Rizzo
This article addresses the classic question: How can the common law ensure relative certainty of expectations and also adapt to economic or other changes in society?