The Pitfalls of Legislative and Executive Policymaking Compared to Judge-Made Law

Tasić, Slaviša (2016) The Pitfalls of Legislative and Executive Policymaking Compared to Judge-Made Law. The Journal of Private Enterprise, 31 (4). pp. 43-63. ISSN 0890-913X

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Abstract

This article uses insights from cognitive psyhology to contrast judge-made law with legislative and executive policymaking. I argue that the predominant narrow conceptions of reason and rationality have led to overly optimistic views of deliberate policymaking at the expense of traditional judge-made law. However, alternative views of what constitutes rationality suggest that judge-made law may have some often overlooked advantages over deliberate policymaking.

Item Type: Article
Additional Information: COBISS.ID=512580194
Uncontrolled Keywords: rules, judiciary, experts, heuristics, ecological rationality
Research Department: Other
Depositing User: Jelena Banovic
Date Deposited: 26 Nov 2019 09:44
Last Modified: 12 Oct 2020 11:50
URI: http://ebooks.ien.bg.ac.rs/id/eprint/1380

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