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http://ssrn.com/abstract=1644530
 
 

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Courts of Many Minds


Kai Spiekermann


London School of Economics & Political Science (LSE)

Robert E. Goodin


Australian National University (ANU) - Research School of Social Sciences (RSSS)

2010

APSA 2010 Annual Meeting Paper

Abstract:     
In A Constitution of Many Minds (Princeton UP 2009), Cass Sunstein argues that the three major approaches to constitutional interpretation all rely on some variation of a “Many Minds” argument:

-- “Traditionalists” would have judges defer to the “Many Minds” on previous courts;
-- “Populists” would have judges defer to the “Many Minds” in the electorate at large;
-- “Cosmopolitans” would have judges defer to the “Many Minds” on foreign benches.

Here we assess each of these claims through the lens of the Condorcet Jury Theorem. In the cases of the Traditionalist and Cosmopolitan approaches we explore the implications of partial interdependence among past and foreign courts, respectively. In the case of the Populist approach, we consider the influence of opinion leaders.

Number of Pages in PDF File: 32

Keywords: epistemic democracy, Condorcet jury theorem, many minds

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Date posted: July 19, 2010 ; Last revised: July 31, 2010

Suggested Citation

Spiekermann, Kai and Goodin, Robert E., Courts of Many Minds (2010). APSA 2010 Annual Meeting Paper. Available at SSRN: http://ssrn.com/abstract=1644530

Contact Information

Kai Spiekermann
London School of Economics & Political Science (LSE) ( email )
Houghton Street
London, WC2A 2AE
United Kingdom
Robert E. Goodin (Contact Author)
Australian National University (ANU) - Research School of Social Sciences (RSSS) ( email )
Canberra, Australian Capital Territory 0200
Australia
61 2 6125 5111 (Phone)
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