Philosophy Dictionary of ArgumentsHome | |||
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Legislation: Legislation is the process of making laws by a legislative body. It typically involves introducing a bill, debating, and voting. Legislation is a part of the democratic process. See also Law, Laws, Jurisdiction, Society, State, Democracy._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
Author | Concept | Summary/Quotes | Sources |
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John Rawls on Legislation - Dictionary of Arguments
I 196 Legislation/veil of ignorance/Rawl: In the initial situation of a society to be established, it becomes clear in the course of time how a system of constitutional powers and the fundamental rights of citizens will look like. >Veil of Ignorance. I 197 The veil of ignorance is partially lifted. However, no one still knows his/her future position in society. Rawls: we must distinguish this from the problem of the choice of constitutional form in Buchanan and Tullock.(1) >Constitution/Rawls, >Constitution/J.M. Buchanan, >Constitution/G. Tullock. I 199 A second principle ensures that social policy and economic policy maximise the benefits of the worst-offs in society in the long term. All contingent economic and social factors must be included here. >Principles/Rawls. I 237 Legislation/Rawls: here we need the maxim "shall be able to imply", i. e. those who design laws and enforce them or give orders do so in good belief. Judges and other authorities must believe that the laws can be obeyed. I 359 Legislation/Economy/Rawls: Legislation is designed according to different principles than an ideal market; the ideal market requires different conditions of functioning and other principles. >Markets/Rawls, >Efficiency/Rawls. The goal of markets is efficiency, that of legislation is justice. I 360 While it is important to assume that ideal markets are efficient, legislation does not require all results to be fair. Markets/legislation/Schumpeter/Rawls: it seems that the application of economic theories to the constitutional process has its limitations, insofar as political action is determined by people's sense of justice and not by efficiency. I 361 Fair legislation is the primary social goal. Economic theory does not cover ideal procedures.(2)(3)(4) 1. See J. M. Buchanan and Gordon Tullock, The Calculus of Consent, Ann Arbor, 1963. 2. See J. A. Schumpeter, Capitalism, Socialism and Democracy, 3rd ed. (New York, 1950), ch. 21-23. 3. See also R. A. Dahl, A Preface to Democratic Theory (Chicago, 1956). 4. See also R. A. Dahl, Pluralist Democracy in the United States (Chicago, 1967)._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Rawl I J. Rawls A Theory of Justice: Original Edition Oxford 2005 |