Social and Behavioral Sciences Commons^™

Conventionalism And Contractarianism, Noel B. Reynolds

Faculty Publications

In this paper Noel B. Reynolds’s theory of law as convention is compared to the public choice contractarian theory of James M. Buchanan. While there are numerous similarities, major differences emerge. Only conventionalism can produce legal and political authority and norms to guide the use of that authority in maintaining the rule of law. The concept of constructive unanimity is introduced to overcome the ultimate failure of contractarianism to legitimate the authority of law.