What is Law?What is Law?

How does How does Policy Paradox Policy Paradox contribute contribute to our understanding of law?to our understanding of law?

1.) Policy objectives (often the 1.) Policy objectives (often the passage of laws) are separate from passage of laws) are separate from political objectives (gaining or political objectives (gaining or maintaining of power.)maintaining of power.)

2.)2.)

3.) Statistics, often used to seek policy 3.) Statistics, often used to seek policy objectives, face three problems:objectives, face three problems:

They are derived from, and presented They are derived from, and presented alongside, imperfect words.alongside, imperfect words.

They can rarely tell the entire story. They can rarely tell the entire story. They can often be effectively countered They can often be effectively countered

by a competing statistic. by a competing statistic.

4.) Problems and solutions are just a 4.) Problems and solutions are just a matter of perspective. matter of perspective.

StoneStone

What is the “rationality project?”What is the “rationality project?”

What is the market?What is the market?

What is the polis?What is the polis?

Concepts of SocietyConcepts of Society

Market ModelMarket Model Polis ModelPolis Model

Unit of Unit of analysisanalysis IndividualIndividual CommunityCommunity

MotivationsMotivations Self-interestSelf-interest Altruism & Altruism & self-interestself-interest

Public Public interestinterest

Sum of Sum of individual individual interestsinterests

What is good What is good for the for the communitycommunity

Chief conflictChief conflictself-interest self-interest vs. self-vs. self-interestinterest

Commons Commons problemsproblems

Concepts of SocietyConcepts of Society

Market ModelMarket Model Polis ModelPolis Model

Source of Source of ideas and ideas and

preferencespreferences

Self-Self-generationgeneration

Influences, Influences, societysociety

Building Building blocks of blocks of actionaction

IndividualsIndividuals GroupsGroups

Nature of Nature of informationinformation

Accurate, Accurate, complete, complete, availableavailable

Ambiguous, Ambiguous, interpretive, interpretive, incomplete, incomplete, manipulatedmanipulated

Sources of Sources of changechange

Market Market exchangeexchange

Ideas, persuasion, Ideas, persuasion, alliances; pursuit of alliances; pursuit of power, our welfare, power, our welfare, and public interestand public interest

What are “Goals?”What are “Goals?”

GoalsGoals

EquityEquity

EfficiencyEfficiency

WelfareWelfare

SecuritySecurity

LibertyLiberty

EquityEquity

Each side says their proposal is more Each side says their proposal is more equitable.equitable.

MembershipMembership MeritMerit Rank-based DistributionRank-based Distribution Group-based DistributionGroup-based Distribution NeedNeed ProcessProcess

EfficiencyEfficiency Not really a “goal,” but something Not really a “goal,” but something

we use to get more of other things we use to get more of other things we value.we value.

Inputs and outputsInputs and outputs RationalityRationality ExternalitiesExternalities Public GoodsPublic Goods

WelfareWelfare

Society should help people in need… but Society should help people in need… but what is “need?”what is “need?”

Material vs. SymbolicMaterial vs. Symbolic Intrinsic vs. Instrumental NeedsIntrinsic vs. Instrumental Needs Volatility vs. SecurityVolatility vs. Security Quantity vs. QualityQuantity vs. Quality Absolute vs. Relative NeedAbsolute vs. Relative Need Moral HazardMoral Hazard

LibertyLiberty

Probably the most divisive issue.Probably the most divisive issue. Health care: liberty to have access to health care? Health care: liberty to have access to health care?

Or liberty not to be forced to buy health care?Or liberty not to be forced to buy health care? Abortion/reproductive rights: liberty of the mother? Abortion/reproductive rights: liberty of the mother?

Or liberty of the fetus/unborn child?Or liberty of the fetus/unborn child? Negative and positive rightsNegative and positive rights Positive obligations that restrict libertyPositive obligations that restrict liberty PaternalismPaternalism Freedom of SpeechFreedom of Speech MulticulturalismMulticulturalism

SecuritySecurity

Freedom from insecurityFreedom from insecurity

War to increase security… can create War to increase security… can create insecurityinsecurity

Risk Assessment… can create insecurityRisk Assessment… can create insecurity Surveillance… can create insecuritySurveillance… can create insecurity Prisons… can create insecurityPrisons… can create insecurity Weapons… can create insecurityWeapons… can create insecurity

GoalsGoals

Enduring values and concepts.Enduring values and concepts. Everyone believes in equity, efficiency, Everyone believes in equity, efficiency,

welfare, security, and liberty welfare, security, and liberty in the in the abstract.abstract.

But as soon as we start talking about But as soon as we start talking about specifics, we begin arguing.specifics, we begin arguing.

Most common standards of analysis in Most common standards of analysis in policy debates.policy debates. Why do you think this is so?Why do you think this is so?

ExampleExample Person A makes a proposal, arguing it is the only Person A makes a proposal, arguing it is the only

equitableequitable way to do something. way to do something. Person B can respond with:Person B can respond with:

No, that is not No, that is not equitableequitable and/or and/or

It is It is inefficientinefficient and/or and/or

It It endangersendangers welfare welfare

It creates It creates insecurityinsecurity and/or and/or

It takes away It takes away libertyliberty

Different from specific policy objectives.Different from specific policy objectives. ““I want to lower taxes across the board,” I want to lower taxes across the board,” isis a a

statement of a specific policy objective.statement of a specific policy objective.

““I believe our tax policy should be equitable,” I believe our tax policy should be equitable,” is not is not a statement of a specific policy a statement of a specific policy objective.objective.

It is a statement using the enduring value of equity.It is a statement using the enduring value of equity.

GoalsGoals

EquityEquity Ex.: Affirmative action in higher educationEx.: Affirmative action in higher education

EfficiencyEfficiency Ex.: Income tax policyEx.: Income tax policy

WelfareWelfare Ex. Privatizing fire departmentsEx. Privatizing fire departments

SecuritySecurity Ex. Fighting the “war on terror”Ex. Fighting the “war on terror”

LibertyLiberty Ex. Health care Ex. Health care

EquityEquity

Each side says their proposal is more Each side says their proposal is more equitable.equitable.

MembershipMembership MeritMerit Rank-based DistributionRank-based Distribution Group-based DistributionGroup-based Distribution NeedNeed ProcessProcess

EfficiencyEfficiency Not really a “goal,” but something we use to Not really a “goal,” but something we use to

get more of other things we value.get more of other things we value.

Goal is to get the most output for a given Goal is to get the most output for a given input.input.

But…But… Who determines the main output?Who determines the main output? How do different outputs benefit different groups?How do different outputs benefit different groups? How should we count inputs that are How should we count inputs that are

simultaneously outputs to somebody else?simultaneously outputs to somebody else? Opportunity costs?Opportunity costs?

Efficiency ConceptsEfficiency Concepts

ExternalitiesExternalities

Public GoodsPublic Goods

WelfareWelfare

Society should help people in need… Society should help people in need… but what is “need?”but what is “need?”

At one end of the spectrum, basic At one end of the spectrum, basic infrastructure & police… at the other, infrastructure & police… at the other, complete communism.complete communism.

Don’t confuse this term with “welfare” Don’t confuse this term with “welfare” as it is commonly used rhetorically.as it is commonly used rhetorically.

Welfare ConceptsWelfare Concepts

Material vs. SymbolicMaterial vs. Symbolic Intrinsic vs. Instrumental NeedsIntrinsic vs. Instrumental Needs Volatility vs. SecurityVolatility vs. Security Quantity vs. QualityQuantity vs. Quality Absolute vs. Relative NeedAbsolute vs. Relative Need Moral HazardMoral Hazard

LibertyLiberty

Probably the most divisive issue.Probably the most divisive issue. Health care: liberty to have access to Health care: liberty to have access to

health care? Or liberty not to be forced health care? Or liberty not to be forced to buy health care?to buy health care?

Abortion/reproductive rights: liberty of Abortion/reproductive rights: liberty of the mother? Or liberty of the the mother? Or liberty of the fetus/unborn child?fetus/unborn child?

Liberty ConceptsLiberty Concepts

Negative and positive rightsNegative and positive rights Positive obligations that restrict Positive obligations that restrict

libertyliberty PaternalismPaternalism Freedom of SpeechFreedom of Speech MulticulturalismMulticulturalism

SecuritySecurity

Freedom from insecurityFreedom from insecurity Economic, food, cyber, personal, Economic, food, cyber, personal,

environmentalenvironmental

War to increase security… can create War to increase security… can create insecurityinsecurity

Risk Assessment… can create insecurityRisk Assessment… can create insecurity Surveillance… can create insecuritySurveillance… can create insecurity Prisons… can create insecurityPrisons… can create insecurity Weapons… can create insecurityWeapons… can create insecurity

Putting it All TogetherPutting it All Together

Consider sex offenders:Consider sex offenders:

How are these used in policy How are these used in policy arguments?arguments? EquityEquity EfficiencyEfficiency WelfareWelfare LibertyLiberty SecuritySecurity