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- Title
A CONSTITUTION FOR KNAVES CROWDS OUT CIVIC VIRTUES.
- Authors
Frey, Bruno S.
- Abstract
The article discusses constitutional design in the United States, as seen by economist, Geoffrey Brennan and James Buchanan. Human beings act as knaves, if given the opportunity. A constitution should therefore be designed to limit the extent of exploitative behavior. This view has been advanced by Brennan and Buchanan, and forms the basis of constitutional economics. Brennan and Buchanan offer two distinct propositions in their paper, people are knaves if not constrained, a realistic model of (average) human behavior is not a reasonable basis for normative institutional design because the harm caused by deviations away from the ideal is disproportionally large. Rather, the worst-case scenario must be considered and society's laws must be so strict that they prevent such malevolent behavior. The purpose of this paper is not to take issue with the two Brennan-Buchanan propositions as such, but to draw attention to a crucial aspect disregarded by them, a constitution designed for knaves, or even for purely self-interested citizens, tends to crowd out civic virtues.
- Subjects
UNITED States; HUMAN behavior; SOCIETIES; LAW; BRENNAN, Geoffrey; BUCHANAN, James, 1791-1868
- Publication
Economic Journal, 1997, Vol 107, Issue 443, p1043
- ISSN
0013-0133
- Publication type
Article
- DOI
10.1111/j.1468-0297.1997.tb00006.x