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Theories of Choice. The Social Science and the Law of Individual, Collective and Organizational Decision Making

Dates:
  • Thu 13 Jul 2017 13.00 - 19.30
  • Fri 14 Jul 2017 09.30 - 17.45
  Add to Calendar 2017-07-13 13:00 2017-07-14 17:45 Europe/Paris Theories of Choice. The Social Science and the Law of Individual, Collective and Organizational Decision Making

Theories of choice abound. While they proliferate in the social sciences, they explicitly and implicitly inform legal arrangements and legal norms in manifold ways. Regulators and scholars draw on a wide range of theories – from rational choice theory to behavioral economics, from public choice to deliberative democracy – to explain how individuals, institutions, and societies make legally relevant decisions, enact laws, or adapt to them. The first 15 years of the century have already seen a considerable increase in public visibility of questions of methodology – bounded rationality is increasingly seen as a new paradigm informing also good parts of after-crisis regulation, the wisdom of the masses is a concept present in the public sphere, and herding is seen as one of the core causes for the global financial crisis. Good times to think broadly about choice and theories of choice. What is lacking, however, is a coherent theory, a meta-theory as it were, of choosing a theory of choice for the various legal arenas in which individual, organizational and collective decisions matter. How can the regulator, how can a scholar know which of the manifold theories available to her provides the best fit for the problem at issue?
The conference aims to make a contribution toward the solution of this selection problem. In a variety of ways, it will address the interactions and mutual dependencies between theories of choice and concrete legal problems. Taking up each theory in turn, the key research questions are: First, why should this theory be chosen for legal approaches, and not another one? Second, under what conditions can this theory be expected to deliver robust results? Third, what are concrete examples in which the theory can make novel contributions to existing patterns of social science and legal research?

Theatre, Badia Fiesolana DD/MM/YYYY
  Theatre, Badia Fiesolana

Theories of choice abound. While they proliferate in the social sciences, they explicitly and implicitly inform legal arrangements and legal norms in manifold ways. Regulators and scholars draw on a wide range of theories – from rational choice theory to behavioral economics, from public choice to deliberative democracy – to explain how individuals, institutions, and societies make legally relevant decisions, enact laws, or adapt to them. The first 15 years of the century have already seen a considerable increase in public visibility of questions of methodology – bounded rationality is increasingly seen as a new paradigm informing also good parts of after-crisis regulation, the wisdom of the masses is a concept present in the public sphere, and herding is seen as one of the core causes for the global financial crisis. Good times to think broadly about choice and theories of choice. What is lacking, however, is a coherent theory, a meta-theory as it were, of choosing a theory of choice for the various legal arenas in which individual, organizational and collective decisions matter. How can the regulator, how can a scholar know which of the manifold theories available to her provides the best fit for the problem at issue?
The conference aims to make a contribution toward the solution of this selection problem. In a variety of ways, it will address the interactions and mutual dependencies between theories of choice and concrete legal problems. Taking up each theory in turn, the key research questions are: First, why should this theory be chosen for legal approaches, and not another one? Second, under what conditions can this theory be expected to deliver robust results? Third, what are concrete examples in which the theory can make novel contributions to existing patterns of social science and legal research?


Location:
Theatre, Badia Fiesolana

Affiliation:
Department of Law

Type:
Conference

Organiser:
Prof. Stefan Grundmann (EUI)
Max Weber Fellow Philipp Hacker

Contact:
Olga Lupu (EUI - Law) - Send a mail

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