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Rationality and Cognition

Published online by Cambridge University Press:  16 February 2009

William N. Eskridge Jr
Affiliation:
Georgetown UniversityLaw Center

Extract

Rational-choice theory is pervasive in legal theorizing. Most law and economics work assumes that human beings make decisions that are rational as to both their ends and means. Decisions are ends-rational if they are directed at goals that satisfy the person's utility function; decisions are means-rational if they adopt methods reasonably connected to achieving those goals. Institutionalist theory assumes that institutions are composed of actors pursuing their own rational ends by rational means and, further, that those institutions themselves can be said to have rational ends pursued by rational means. Most rational-choice theorizing in law is positive: Thinkers are using the theory as a stylized way of describing patterns of behavior or predicting expected behavior. Such theorizing can also be normative: Rationality of ends and means is an aspiration of human and institutional actors, and law can improve upon existing behavior through rules, procedures, and structures.

Type
Articles
Copyright
Copyright © Cambridge University Press 1997

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References

1. The conference was held at the Georgetown University Law Center on November 14–15, 1996. Participants on the five panels included six purely legal academics (Michael Klausner, Warren Schwartz, Michael Seidman, Lynn Stout, Mark Tushnet, Robin West); three philosophers (Anita Allen, Jules Coleman, Wayne Davis); three political scientists (Jon Elster, John Ferejohn, Jack Knight); two economists (Douglas North, Steve Salop); and one professor of cognitive psychology (Daniel Kahneman). Warren Schwartz was the Olin Foundation sponsor of the conference, and Katherine McCarthy was its coordinator.