Jump to ContentJump to Main Navigation
The Nature of Legislative Intent$
Users without a subscription are not able to see the full content.

Richard Ekins

Print publication date: 2012

Print ISBN-13: 9780199646999

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199646999.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 January 2020

Legislating Without Reasoning

Legislating Without Reasoning

Chapter:
(p.77) 4 Legislating Without Reasoning
Source:
The Nature of Legislative Intent
Author(s):

Richard Ekins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199646999.003.0004

This chapter considers and critiques theories of legislating that provide that the legislature makes law without making reasoned choices. Dworkin argues that the legislature aggregates preferences rather than responds to reasons; Waldron contends that the legislature is a voting machine, in which legislation is the aggregate of majority responses to a series of propositions; Raz and Gardner argue that the legislature acts only on a minimal intention to enact the text of the bill. The chapter explains that such ‘legislatures’ would fail to exercise legislative authority and would be unlikely to enact reasonable legislation. Theories of this kind depart from how reasonable legislators understand the joint act of legislating. It is argued that each misconception of legislating is driven in part by a theory of group action, in which the relevant course of action is all one can expect of an assembly.

Keywords:   legislating, public choice, preferences, Dworkin, Waldron, Raz, voting machine, minimal intention

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .