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A Matter of DisputeMorality, Democracy, and Law$
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Christopher J. Peters

Print publication date: 2011

Print ISBN-13: 9780195387223

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780195387223.001.0001

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Disputes, legal rules, and democracy

Disputes, legal rules, and democracy

Chapter:
(p.107) 4. Disputes, legal rules, and democracy
Source:
A Matter of Dispute
Author(s):

Christopher J. Peters (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195387223.003.0005

This chapter extends the analysis applied in Chapter 3 from a basic, bipartite, ex post model of dispute resolution to the context of prospective general legal rules. It first outlines the dispute-resolving benefits of statutes and other general rules: They can avoid disputes and make them easier to resolve when they arise. It then explains how democracy—a system of broadly participatory government subject to general elections and operating by majority rule—is a relatively competent and impartial way for generating prospective legal rules. Democracy promotes impartiality by atomizing the effects of partial decision-making into many equally weighted votes; it promotes competence by involving a wide spectrum of talents, experiences, viewpoints, and interests in decision making; and it promotes both competence and impartiality by allowing power to shift and issues to be revisited periodically. Democracy thus is a quintessentially legal method of making rules.

Keywords:   legislation, rules, general rules, legal rules, statutes, democracy, majority rule, elections, participation, decision-making competence

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