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