Indirect legislation
It is just a question of time
Bibliographic Data
| ID | 11347694 |
|---|---|
| Authors | Malik Bozzo-Rey (Ethics (EA 7446), Lille Catholic University, Lille, France), Malik Bozzo‐rey (Université Catholique de Lille, corresponding author) |
| Year | 2017 |
| Volume | 43 |
| Issue | 1 |
| Pages | 106-121 |
| Publication date | 2017-01-02 |
| Open Access | No |
| Type | ARTICLE |
| Venue | History of European Ideas (JOURNAL) |
| Journal identifiers | ISSN: 0191-6599 • E-ISSN: 1873-541X |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/01916599.2016.1251722 |
| OpenAlex | W2565166386 |
| Language | EN |
| Citations received | 2 |
This paper focuses on unveiling the underlying conceptions required to elaborate a concept such as indirect legislation, and on possible methods of distinguishing it from direct legislation. Three elements will be put to the test to analyse whether they could be used as distinguishing criteria. Firstly, indirect legislation – like contemporary forms of indirect means to influence behaviours, such as the famous nudges of Thaler and Sunstein – relies heavily on an accurate and complete account of human nature. However, so does direct legislation. Having human psychology as a foundation for legislation leads to several epistemic and evidential issues. Secondly, temporality seems initially to be a likely candidate for the sought for criterion: direct legislation, through punishment, applies after the offence, whereas indirect legislation applies before the offence, precisely in order to prevent it. However, I will show that this understanding needs to be revised. Thirdly, the solution to the difficulty might lie in resolving the issue of what is really the target of influence: what is it that indirect means attempt to modify. At the end of this paper, I will show that the difficulties faced both by Bentham and by contemporary nudge theory seem to imply that a complete re-evaluation of indirect means to influence behaviour is needed
Economics · Epistemology · Law and economics · Legislation · Order (exchange · Political science · Punishment (psychology · Sociology · Free Will and Agency · Law · Philosophical Ethics and Theory · Philosophy · Psychology · Psychology of Moral and Emotional Judgment · Social Psychology
| Citations per year | 0.5 |
|---|---|
| Citation span | 2022 - 2024 (3) |
| Highly cited | No |