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- Title
The Pitfalls of Legislative and Executive Policymaking Compared to Judge-Made Law.
- Authors
Tasic, Slavisa
- Abstract
This article uses insights from cognitive psychology 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.
- Subjects
JUDGE-made law; LEGISLATIVE bodies; FREE enterprise laws; COGNITIVE psychology; POLICY sciences
- Publication
Journal of Private Enterprise, 2016, Vol 31, Issue 4, p43
- ISSN
0890-913X
- Publication type
Article