Ekins on Groups and Procedures

Roversi, Corrado; Sardo, Alessio

doi:10.1093/ajj/auz002

Search citation statements

Order By: Relevance

Paper Sections

Select...

A Positive Argument: Explanation and Cooperation1

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2021

Publication Types

Select...

Article1

Relationship

Self Cite0

Independent1

Authors

Journals

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The requirement of unanimity or consensus makes sense in these cooperative contexts. Legislating is not like these cases; instead, many aspects of it are highly uncooperative (Marmor 2008, 435–8; Roversi and Sardo 2019, 87). The proposition that legislators are uncooperative does not necessarily assume that they are self‐interested (contra Ekins 2019, 151–2).…”

Section: A Positive Argument: Explanation and Cooperationmentioning

confidence: 99%

Uncommon Legislative Attitudes: Why a Theory of Legislative Intent Needs Nontrivial Aggregation

Tan

2021

Ratio Juris

View full text Add to dashboard Cite

Since the publication of Ekins’s The Nature of Legislative Intent, significant attention has been paid to common attitude models of legislative intention, that is, models that require unanimity among its group members. A common interpretation of Ekins is that these common attitudes are to be preferred over aggregated attitudes. I argue that any feasible theory of legislative attitudes will require nontrivial aggregation (i.e., not based on unanimity rules alone). Two arguments are put forward in this regard: first, that nontrivial aggregation better explains uncooperative legislative behaviour and, second, that mathematical problems with aggregation apply to common attitudes as well, since they involve trivial aggregation. These arguments generalise to theories of common attitudes other than Ekins’s.

show abstract

Section: A Positive Argument: Explanation and Cooperationmentioning

confidence: 99%

Uncommon Legislative Attitudes: Why a Theory of Legislative Intent Needs Nontrivial Aggregation

Tan

2021

Ratio Juris

View full text Add to dashboard Cite

show abstract

Ekins on Groups and Procedures

Cited by 1 publication

References 0 publications

Uncommon Legislative Attitudes: Why a Theory of Legislative Intent Needs Nontrivial Aggregation

Uncommon Legislative Attitudes: Why a Theory of Legislative Intent Needs Nontrivial Aggregation

Contact Info

Product

Resources

About