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The Present and Future of Judgement Aggregation Theory. A Law and Economics Perspective

Author

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  • Philippe Mongin

    (HEC Paris - Recherche - Hors Laboratoire - HEC Paris - Ecole des Hautes Etudes Commerciales)

Abstract

This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically serve to motivate the theory, and then proceed to reconstruct it as a brand of logical theory, unlike in some other interpretations, using a single impossibility theorem as a key to its technical development. In the prospective part, having mentioned existing applications to social choice theory and computer science, which we do not discuss here, we consider a potential application to law and economics. This would be based on a deeper exploration of the doctrinal paradox and its relevance to the functioning of collegiate courts. On this topic, legal theorists have provided empirical observations and theoretical hints that judgment aggregation theorists would be in a position to clarify and further elaborate. As a general message, the chapter means to suggest that the future of judgment aggregation theory lies with its applications rather than its internal theoretical development.

Suggested Citation

  • Philippe Mongin, 2018. "The Present and Future of Judgement Aggregation Theory. A Law and Economics Perspective," Working Papers hal-02895899, HAL.
    • Handle: RePEc:hal:wpaper:hal-02895899
    DOI: 10.2139/ssrn.3224608
    as

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    Keywords

    Judgment Aggregation Theory; Logical Aggregation Theory; Law and Economics; Doctrinal Paradox; Discursive Dilemma; Canonical Theorem of Judgment Aggregation Theory; Premiss-Based Versus Conclusion-Based Method; Collegiate Courts; Issue-Based Versus Case-Based Adjudication Method;
    All these keywords.

    JEL classification:

    • D70 - Microeconomics - - Analysis of Collective Decision-Making - - - General
    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • D79 - Microeconomics - - Analysis of Collective Decision-Making - - - Other
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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