The Present and Future of Judgement Aggregation Theory. A Law and Economics Perspective

Forthcoming in The Future of Economic Design, edited by Jean-FranÁois Laslier, HervÈ Moulin, Remzi Sanver and William S. Zwicker, Springer

HEC Paris Research Paper No. ECO/SCD-2018-1300

14 Pages Posted: 17 Aug 2018 Last revised: 13 Sep 2018

See all articles by Philippe Mongin

Philippe Mongin

GREGHEC; CNRS & HEC Paris - Economics & Decision Sciences

Date Written: July 1, 2018

Abstract

This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically serve to motivate the theory, and then proceed to reconstruct it as a brand of logical theory, unlike in some other interpretations, using a single impossibility theorem as a key to its technical development. In the prospective part, having mentioned existing applications to social choice theory and computer science, which we do not discuss here, we consider a potential application to law and economics. This would be based on a deeper exploration of the doctrinal paradox and its relevance to the functioning of collegiate courts. On this topic, legal theorists have provided empirical observations and theoretical hints that judgment aggregation theorists would be in a position to clarify and further elaborate. As a general message, the chapter means to suggest that the future of judgment aggregation theory lies with its applications rather than its internal theoretical development.

Keywords: Judgment Aggregation Theory, Logical Aggregation Theory, Law and Economics, Doctrinal Paradox, Discursive Dilemma, Canonical Theorem of Judgment Aggregation Theory, Premiss-Based Versus Conclusion-Based Method, Collegiate Courts, Issue-Based Versus Case-Based Adjudication Method

JEL Classification: D70, D71, D79, K40, K41

Suggested Citation

Mongin, Philippe, The Present and Future of Judgement Aggregation Theory. A Law and Economics Perspective (July 1, 2018). Forthcoming in The Future of Economic Design, edited by Jean-FranÁois Laslier, HervÈ Moulin, Remzi Sanver and William S. Zwicker, Springer; HEC Paris Research Paper No. ECO/SCD-2018-1300. Available at SSRN: https://ssrn.com/abstract=3224608 or http://dx.doi.org/10.2139/ssrn.3224608

Philippe Mongin (Contact Author)

GREGHEC ( email )

1 rue de la Libération
Jouy-en-Josas, 78350
France

CNRS & HEC Paris - Economics & Decision Sciences ( email )

Paris
France

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