Hartmut Kliemt
Biographic Data
| ID | 3543227 |
|---|---|
| NAME | Hartmut Kliemt |
| GIVEN NAMES | Hartmut |
| FAMILY NAME | Kliemt |
| SIGNATURE | KLIEMT H |
| AFFILIATIONS | University of Duisburg-Essen |
| ORCID | 0000-0002-4778-2017 |
| VERIFIED | Yes |
| TOTAL WORKS | 48 |
| TOTAL CITATIONS | 30 |
| WORKS AS AUTHOR | 45 |
| WORKS AS EDITOR | 3 |
| FIRST PUBLICATION YEAR | 1981 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
The nature and significance of the political ideal of the Rule of Law
Hayek and Buchanan endorsed Böhm's “private law society” as expressive of the ideal of a government of laws, and not of men . But they also acknowledged that among the many, the enforceability of legal custom, adjudication, and legislation must be politically guaranteed by a state. Due to unavoidable state‐involvement, risks of excessive rent‐seeking and authoritarian arbitrary government loom large once “rules of rule change” enable sophisticate…
The logical foundations of constitutional democracy between legal positivism and natural law theory
Rejecting all knowledge claims concerning right and wrong in matters practical James Buchanan concurred with legal positivism that invalid law cannot be identified by its substantive content but only by an inherited defect in its factual creation. Beyond correct creation Buchanan proposed as a quasi-natural law constraint that unanimity in the shadow of individual veto power must at least be conceivable if a norm is to be law. The emerging hybrid…
Covid-19
Economic and Sociological Accounts of Social Norms
Classifying accounts of institutionalized social norms that rely on individual rule-following as ‘sociological’ and accounts based on individual opportunity-seeking behavior as ‘economic’, the paper rejects purely economic accounts on theoretical grounds. Explaining the realworkings of institutionalized social norms and social order exclusively in terms of self-regarding opportunityseeking individual behavior is impossible. An integrated sociolog…
Universal Rights Localized or Local Rights Universalized
A universalist conception of immigration, assuming that all humans have a fundamental ethical right to equal consideration (Brücker), is contrasted with a particularist ethical conception that restricts equal consideration to members of a given community (Osterloh/Frey). It is argued that within the limits of Robbinsian economics only a communitarian conception is acceptable while an ethical theorist might lean towards a universalist view
On the Nature and Significance of (Ideal) Rational Choice Theory
The increasingly wide spread use of RCM, rational choice modeling, and RCT, rational choice theory, in disciplines like economics, law, ethics, psychology, sociology, political science, management facilitates interdisciplinary exchange. This is a great achievement. Yet it nurtures the hope that a unified account of rational (inter-)active choice making might arise from ‘reason’ in (a priori) terms of intuitively appealing axioms. Such ‘rationalis…
The consents of The Calculus
Tayloring Game Theory the Ostrom Way
The PPE enterprise
Conceptualizing behavior decision theoretically as being ‘pulled’ (by an expected future) is fundamentally different from conceptualizing it as ‘pushed’ (or determined by past conditions according to causal laws). However, the fundamental distinction between teleological and non-teleological explanations not withstanding, decision-theoretic and evolutionary ‘ways of world making’ lead to strikingly similar forms of political, philosophical, and e…
Ppe
Opportunitätskosten und Jurisprudenz
Looking at the world through the window of opportunity costs directs attention to the good forgone rather than the good done by our decision making. In the paper it is illustrated by means of several examples that it may be useful for judicial decision makers to be better aware of this aspect of their choices. When they decide in favor of the realization of some good they should not neglect the shadow of the good that is thereby not done. Such im…
Regulation and revenue
On the Coevolution of Retribution and Trustworthiness
Standard economic explanations of good conduct in trade rely almost exclusively on future-directed extrinsic motivations induced by material incentives. But intrinsic motives to behave trustworthily and to punish untrustworthiness do support trade. In our model, intrinsically motivated players are aware of their own type and observe the population share of other types. The material success of various types and their coevolution are analyzed, and …
The Shortage of Human Organs
There is an ever increasing shortage of human organ transplants in Germany. This paper aims at understanding the reasons for that shortage better and then discusses various ways to overcome it. After estimating the potential supply of donor organs it is discussed why actual supply remains far below potential supply. Insufficient reimbursement for hospitals, a lack of incentives to donate, and mistaken donation rules are diagnosed to cause the sho…
Binmore, Boundedly Rational
It is argued that a truly Humean approach to social interaction and to normative reflection on how we should interact needs to get even closer to the facts than the Binmore program suggests. In view of the facts Binmore’s normative conclusions on bargaining as well as on the nature of the equilibria of the game of life both seem precarious
Public choice and political philosophy
Contractarianism as Liberal Conservatism
The Evolution of Trust(worthiness) in the Net
The main results of our indirect evolutionary approach to trust in large interactions suggest that trustworthiness must be detectable if good conduct in trust-relationships is to survive. According to theoretical reasoning there is a niche then for an organization offering a (possibly) costly service of keeping track of the conduct of participants on the net. We compare traits of an organizational design as suggested by economic reasoning with th…
Ernesto Garzón Valdés et al., The Future of Democracy
Jahrbuch für Neue Politische Ökonomie
The articles and comments in this volume address big issues of the debate on European Governance. Adopting a rational choice perspective, the topics range from, for instance, the sectoral organization of the Council of Ministers, a contract-theoretic analysis of the Commission's behavior and the distribution of voting power, to the pros and cons of competitive government and interest group influence on EU legislation.
Jahrbuch für Neue Politische Ökonomie
In this volume economists with a background in game and decision theory apply their methods to central issues of the political economy of institutional evolution. The discussion ranges from abstract models of, for instance, the evolution of clubs and of conventions to quite specific case studies of real world institutions such as legislation in the European union and internet trade. It combines results of experimental economics with theoretical c…
Trust in the Shadow of the Courts
Even if contract enforcers are as opportunistic as ordinary traders, a system of adjudication can increase the degree to which contractual obligations on large anonymous markets are fulfilled. Only if arbitrators receive a fixed income, occasional mistakes will not favour the untrustworthy. It can be shown that the presence of the courts may further the prospects of the trustworthy in a large class of situations. But under non-optimal court polic…
An Evolutionary Game Approach to Fundamentalism and Conflict
An Evolutionary Game Approach to Fundamentalism and Conflict
Semiotik / Semiotics, Part 3
Jahrbuch für Neue Politische Ökonomie
Inhaltsübersicht: Karl-Ernst Schenk and Dieter Schmidtchen : 20 Jahre Jahrbuch für Neue Politische Ökonomie - Manfred J. Holler : On Power and Fairness and their Relationship - An Introductory Chapter - Silvia Fedeli and Francesco Forte : Minimizing Frustration versus Median Voter's Equilibria: A 'reasonable Choice' Procedure. Comment by Shanti P. Chakravarty and Peter Skott - Gianfranco Gambarelli and Guillermo Owen : Power in Political and Busi…
The Indirect Evolutionary Approach
Besides opportunistically rational choice, emotion and commitment to norms influence human choice behavior. Traditionally economists have opted for the rationality side while sociologists worked the other side of the street. By pursuing an indirect evolutionary approach one can integrate the two polar extremes to some extent in one model. To that end preferences on which rational choices depend are treated as endogenous to an evolutionary process…
On justifying a minimum welfare state
Logo logic
The calculus of consent after thirty years
Volksabstimmungen, Verhandlungen und der Schleier der Insignifikanz
To combine some views of 'Diskursethik' and Constitutional Political Economy seems to be promising. In our comments on Frey's and Kirchgässner's attempt to join the forces of Discourse theory and Political Economy in defending the wider spread use of referenda we direct attention to three points. Firstly, the normative basis of both concepts is unsettled. Secondly, an economic approach contrary to the supposition of Frey and Kirchgässner provides…
The logical foundations of constitutional democracy between legal positivism and natural law theory
Rejecting all knowledge claims concerning right and wrong in matters practical James Buchanan concurred with legal positivism that invalid law cannot be identified by its substantive content but only by an inherited defect in its factual creation. Beyond correct creation Buchanan proposed as a quasi-natural law constraint that unanimity in the shadow of individual veto power must at least be conceivable if a norm is to be law. The emerging hybrid…
On the Nature and Significance of (Ideal) Rational Choice Theory
The increasingly wide spread use of RCM, rational choice modeling, and RCT, rational choice theory, in disciplines like economics, law, ethics, psychology, sociology, political science, management facilitates interdisciplinary exchange. This is a great achievement. Yet it nurtures the hope that a unified account of rational (inter-)active choice making might arise from ‘reason’ in (a priori) terms of intuitively appealing axioms. Such ‘rationalis…
Public choice and political philosophy
Contractarianism as Liberal Conservatism
Schutz und Gefährdung von Rechten durch die staatliche Kriminalstrafe
Utilitarianism has been widely accused of inadequately treating the problem of human rights. One main criticism has been, that it could not account for acceptable institutions of legal punishment. Though the utilitarian position seems to be untenable it contains some sound points - above all its consequentialist metaethics. The central weakness of “rightbased” justifications of the criminal sanction on the other hand seems to be that they do not …
Zu M. T Aylors Analysen des Gefangenendilemmas
The theory of games, though at first greeted with great expectations by some social scientists, soon became a source of frustrated hopes to many of them. Too much of the theory seemed to be devoted to “zero-sum” and “one-shot” games. But most social contexts are not zero-sum and involve repeated interaction too. There was a certain lack of such game theoretic models which could be successfully adapted to social phenomena as were apt to appear in …
Individualism, Libertarianism and Non-Cognitivism
This paper suggests that libertarian and (related) contractarian ideas would be less vulnerable to certain forms of criticism if they would more carefully disentangle their legal and moral standards for the assessment of institutions from empirical, methodological, and epistemological assumptions about individualism and non-cognitivism. Holding apart several meanings of individualism different issues can be treated separately. It will be shown t…
The Reason of Rules and the Rule of Reason
La explicación de los fenómenos colectivos a partir de decisiones individuales racionales es el objetivo del enfoque económico de la teoría social. Este enfoque parece ser correcto en su núcleo, Sin embargo, su suposicion básica, es decir, que el decisor racional posee un control pleno de las alternativas de la respectiva situación de decisión, es inconciliable con un comportamiento guiado por reglas. Esta incoherencia impide que el enfoque econó…
Logo logic
Ein guter Philosoph ist stets darauf bedacht, ob nicht auch ein anderer Böses macht
The fact that Peter Singer was prevented from lecturing in Germany as well as the fact that the discussion of his book ‘Practical Ethics’ was rendered impossible raises important questions about freedom. Surprisingly some philosophers have joined the political factions which strive to suppress free discussion. In this quite polemical article some of their views are rejected. The only way to weed out error is free discussion
Antwort auf eine ‘Richtigstellung’
“Gerechtigkeitskriterien” in der Transplantationsmedizin — Eine ordoliberale Perspektive
On justifying a minimum welfare state
Volksabstimmungen, Verhandlungen und der Schleier der Insignifikanz
To combine some views of 'Diskursethik' and Constitutional Political Economy seems to be promising. In our comments on Frey's and Kirchgässner's attempt to join the forces of Discourse theory and Political Economy in defending the wider spread use of referenda we direct attention to three points. Firstly, the normative basis of both concepts is unsettled. Secondly, an economic approach contrary to the supposition of Frey and Kirchgässner provides…
Der avancierte Affe
In this article sociobiology is ‘put into perspective’, from a history of ideas and a systematical point of view. It is argued that it would be foolish to regard biology as irrelevant to our concept of man and society. At the same time it would be grossly inadequate too to ignore the characteristics of human kind
The calculus of consent after thirty years
The Paretian Liberal, His Liberties and His Contracts
The paper tries to relate classical liberal intuitions about rights and liberties to some of the more formal discussions of the putative impossibility of a Paretian liberal. Its focus is on the interpretation of formal modelling rather than on formal analysis. The theoretical concepts of the formalized approaches more often than not distort the meaning of the non-formalized concepts of classical liberal theory. Using proper explications of the co…
Das Paradox des Liberalismus - eine Einführung
This is a somewhat simplistic introduction to some of the topics related to the so called ‘paradox of liberalism’. It tries to serve the twin purpose of facilitating access to the papers printed in this issue of Analyse & Kritik and putting them into a broader perspective
One person — many players? On Björn Frank's ‘The use of internal games
The Indirect Evolutionary Approach
Besides opportunistically rational choice, emotion and commitment to norms influence human choice behavior. Traditionally economists have opted for the rationality side while sociologists worked the other side of the street. By pursuing an indirect evolutionary approach one can integrate the two polar extremes to some extent in one model. To that end preferences on which rational choices depend are treated as endogenous to an evolutionary process…
Natural Justice and Political Stability
Natural Justice and Political Stability
Kidney Allocation in Eurotransplant
In the Eurotransplant region transplantable kidneys from cadaveric donors are allocated according to the Wujciak-Opelz algorithm. This paper shows that the algorithm as it stands fulfils certain normative standards of a more formal nature while violating others. In view of these insights, it is explored how the algorithm could perhaps be improved. Even if issues of substantial rather than formal adequacy need to be addressed separately, analyses …
A Lexicographic Decision Rule With Tolerances
The implementation of the Wujciak algorithm as a new rule for organ allocation by Eurotransplant is of considerable interest for the theorist of choice making. In the process reformers accepted the status quo in principle but expected that their potential opponents would be willing to make minimal or 'tolerable' concessions. Thereby the consensual introduction of new dimensions of value and reforms of allocation practices based thereupon became v…
Hard Choices Softened Locally
The implementation of a new kidney allocation algorithm by Eurotransplant was a ‘rule choice’ with serious ethical, legal, and political implications. Eurotransplant made that choice in view of a careful analysis of empirically predictable consequences of alternative rule specifications. This paper studies in a stylized way how the decision on the allocation algorithm emerged. Hopefully an understanding of central features of the described succes…
Organtransplantation im Eurotransplantverbund
To facilitate access for the wider international audience interested in issues of organ allocation the texts in this volume are all in English. But in view of the fact that Analyse & Kritik, though an international journal, is published in Germany it seemed appropriate to provide a German introduction and overview. This overview outlines the background of organ donation and transplantation as seems useful for the ‚uninitiated‘ reader and position…
Retributive Responses
Retributive responses play a role in human behavior. Are they triggered primarily by supposed intentions or by observed consequences of actions? Experimental studies were conducted of retributive responses in situations in which the individual actor may inflict harmful consequences without intending to and intend harmful consequences without inflicting them. Results indicate that retributive responses are more strongly influenced by observed cons…
Jahrbuch für Neue Politische Ökonomie
Inhaltsübersicht: Karl-Ernst Schenk and Dieter Schmidtchen : 20 Jahre Jahrbuch für Neue Politische Ökonomie - Manfred J. Holler : On Power and Fairness and their Relationship - An Introductory Chapter - Silvia Fedeli and Francesco Forte : Minimizing Frustration versus Median Voter's Equilibria: A 'reasonable Choice' Procedure. Comment by Shanti P. Chakravarty and Peter Skott - Gianfranco Gambarelli and Guillermo Owen : Power in Political and Busi…
Non-Discriminatory, Envy Free Provision of a Collective Good
Jahrbuch für Neue Politische Ökonomie
The articles and comments in this volume address big issues of the debate on European Governance. Adopting a rational choice perspective, the topics range from, for instance, the sectoral organization of the Council of Ministers, a contract-theoretic analysis of the Commission's behavior and the distribution of voting power, to the pros and cons of competitive government and interest group influence on EU legislation.
Economics (25 works) · Philosophy (24 works) · Sociology (23 works) · Political science (22 works) · Law (20 works) · Philosophy (19 works) · Law and economics (18 works) · Epistemology (17 works) · Politics (16 works) · Law (15 works)