DEONTOLOGY, THRESHOLDS, AND EFFICIENCY

Legal Theory ◽  
2011 ◽  
Vol 17 (4) ◽  
pp. 301-317 ◽  
Author(s):  
Christopher T. Wonnell

This article explores four topics raised by Eyal Zamir and Barak Medina's treatment of constrained deontology. First, it examines whether mathematical threshold functions are the proper way to think about limits on deontology, given the discontinuities of our moral judgments and the desired phenomenology of rule-following. Second, it asks whether constrained deontology is appropriate for public as well as private decision-making, taking issue with the book's conclusion that deontological options are inapplicable to public decision-making, whereas deontological constraints are applicable. Third, it examines the issue of the relationship between deontology and efficiency, asking whether deontological constraints should yield in situations where everyone would expect to benefit from their suspension, either ex ante or ex post. Finally, the article concludes that constrained deontology is susceptible to political abuse because of the many degrees of freedom involved in identifying constrained actions and the point at which those constraints yield to consequentialist benefits.

Land ◽  
2020 ◽  
Vol 9 (3) ◽  
pp. 70 ◽  
Author(s):  
Quentin Grislain ◽  
Jeremy Bourgoin ◽  
Ward Anseeuw ◽  
Perrine Burnod ◽  
Eva Hershaw ◽  
...  

In recent decades, mechanisms for observation and information production have proliferated in an attempt to meet the growing needs of stakeholders to access dynamic data for the purposes of informed decision-making. In the land sector, a growing number of land observatories are producing data and ensuring its transparency. We hypothesize that these structures are being developed in response to the need for information and knowledge, a need that is being driven by the scale and diversity of land issues. Based on the results of a study conducted on land observatories in Africa, this paper presents existing and past land observatories on the continent and proposes to assess their diversity through an analysis of core dimensions identified in the literature. The analytical framework was implemented through i) an analysis of existing literature on land observatories, ii) detailed assessments of land observatories based on semi-open interviews conducted via video conferencing, iii) fieldwork and visits to several observatories, and iv) participant observation through direct engagement and work at land observatories. We emphasize that the analytical framework presented here can be used as a tool by land observatories to undertake ex-post self-evaluations that take the observatory’s trajectory into account, or in the case of proposed new land observatories, to undertake ex-ante analyses and design the pathway towards the intended observatory.


Author(s):  
Chris Reed

Using artificial intelligence (AI) technology to replace human decision-making will inevitably create new risks whose consequences are unforeseeable. This naturally leads to calls for regulation, but I argue that it is too early to attempt a general system of AI regulation. Instead, we should work incrementally within the existing legal and regulatory schemes which allocate responsibility, and therefore liability, to persons. Where AI clearly creates risks which current law and regulation cannot deal with adequately, then new regulation will be needed. But in most cases, the current system can work effectively if the producers of AI technology can provide sufficient transparency in explaining how AI decisions are made. Transparency ex post can often be achieved through retrospective analysis of the technology's operations, and will be sufficient if the main goal is to compensate victims of incorrect decisions. Ex ante transparency is more challenging, and can limit the use of some AI technologies such as neural networks. It should only be demanded by regulation where the AI presents risks to fundamental rights, or where society needs reassuring that the technology can safely be used. Masterly inactivity in regulation is likely to achieve a better long-term solution than a rush to regulate in ignorance. This article is part of a discussion meeting issue ‘The growing ubiquity of algorithms in society: implications, impacts and innovations'.


1984 ◽  
Vol 2 (2) ◽  
pp. 73-84
Author(s):  
Giorgio Stefani

Abstract The «fiscal crisis» cannot be solved on the simple basis of principles of economic rationality, without taking account of the institutional mechanisms. Politicians, bureaucrats, voters, do have a role in public decision-making and their behavior cannot be ignored.According to a generally shared view, local finance looks as an interesting field of research for Public Choice scientists since at local level the voter's ability to control the institutions is higher than at national level.This is true, however, only if we limit our attention to the relationship between local administrators and citizens. When the analysis includes the competition for funds among local governments, we have to deal with national problems, requiring the inclusion of variables whose behaviour is uneasy to predict.


2006 ◽  
Vol 39 (3) ◽  
pp. 180-228
Author(s):  
Yaad Rotem

What is corporate bankruptcy law's unique function in the economy? Law and economics scholars reject using it to achieve purely redistributive purposes but this is where their agreement ends. Thus, two questions serve as focal points for debate: First, should the decision on how to redeploy in the economy the assets of the financially distressed firm be mandatory or enabling? Second, which decision-making mechanism should be employed by lawmakers? “First order” theories (arguing for and against a mandatory bankruptcy regime), or “second order” theories (arguing for and against different methods of mandatory decision-making) ensued as a result. Unfortunately, “third order” attempts to supply a convincing answer to the economic question—combining as part of the answer the many redistributive impulses displayed in any corporate bankruptcy setting—were few and scarce. Moreover, scholars have been arguing with each other without fully exhausting the discussion of the gap dividing them. An ex-ante point of view, highlighting the perspective of the debtor-firm's relations with its consensual investors, was offered to lawmakers contemplating social wealth maximization, as a replacement to the conventional ex-post point of view, which emphasizes a more general societal perspective. The distinction between the two paradigms did not go unnoticed by scholars, but unexplainably, it failed to become the center of debate.


2018 ◽  
Vol 7 (4) ◽  
Author(s):  
Baiq Handayani Rinuastuti ◽  
Rusdan Rusdan ◽  
Junaidi Sagir ◽  
Darwini Darwini

This research aim is to get a depth understanding to the potential of difference in shopping style related to the culture orientation to avoid uncertainty in the tourist group. This research was conducted in three tourist sites, namely: Senggigi Beach, Gili Terawangan, and Kuta Beach. With Manova analysis known that tourists who have high uncertainty avoidance orientation tend to have decision-making style that prioritizes; quality, value, well-known brand, loyal to the brand, and confusion because of the many options. While at Travelers who have low uncertainty avoidance orientation tend to have a decision-making style that characterized expenditure: fashion consciousness, orientation recreational, and impulsive. By knowing the relationship between uncertainty avoidance cultural orientation and style tourist spending will bring enormous benefits to the tourism industry and government in promoting the activities of tourist spending, especially for the domestic market segment. Tujuan penelitian ini adalah untuk mendapatkan pemahaman yang mendalam terhadap potensi perbedaan gaya belanja yang terkait dengan orientasi budaya untuk menghindari ketidakpastian dalam kelompok wisatawan. Penelitian ini dilakukan di tiga lokasi wisata, yaitu : senggigi beach, termasuk gili terawangan dan pantai kuta. Dengan analisis manova tahu bahwa wisatawan yang memiliki ketidakpastian tinggi penghindaran orientasi cenderung memiliki gaya pengambilan keputusan yang mengutamakan; kualitas, nilai, merek terkenal, setia kepada merek dan kebingungan karena banyaknya pilihan. Sementara pada wisatawan yang memiliki orientasi penghindaran ketidakpastian rendah cenderung memiliki keputusan-membuat gaya yang dicirikan pengeluaran : Mode kesadaran, orientasi rekreasi dan impulsif. Dengan mengetahui hubungan antara ketidakpastian penghindaran budaya orientasi dan gaya pengeluaran wisata akan membawa manfaat besar bagi industri pariwisata dan pemerintah dalam mempromosikan kegiatan wisata belanja, terutama untuk pasar domestik segmen.Keywords :Shopping style, uncertainty avoidance, domestic travelers


2020 ◽  
Author(s):  
Don A Moore ◽  
Derek Schatz

Overconfident people should be surprised that they are so often wrong. Are they? Three studies examined the relationship between confidence and surprise in order to shed light on the psychology of overprecision in judgment. Participants reported ex-ante confidence in their beliefs, and after receiving accuracy feedback, they then reported ex-post surprise. Results show that more ex-ante confidence produces less ex-post surprise for correct answers; this relationship reverses for incorrect answers. However, this sensible pattern only holds for some measures of confidence; it fails for confidence-interval measures. The results can help explain the robust durability of overprecision in judgment.


2013 ◽  
Vol 3 (3) ◽  
pp. 56-69
Author(s):  
Fernando Scarpati ◽  
Wilson Ng

A number of scholars of private equity (“PE”) have attempted to assess the ex-post returns, or performance, of PEs by adopting an ex-post perspective of asset pricing. In doing so a set of phenomena has been recognized that is thought to be specific to the PE sector, such as “money-chasing deal phenomenon” (Gompers and Lerner, 2000) and “performance persistence” (Lerner and Schoar, 2005). However, based on their continuing use of an ex-post perspective, few scholars have paid attention to the possible extent to which these and other PE phenomena may affect expected returns from PE investments. To address this problem this article draws on an ex-ante perspective of investment decision-making in suggesting how a number of drivers and factors of PE phenomena may produce “abnormal returns”, and that each of those drivers and factors should therefore be considered in accurately assessing the required risk premium and expected abnormal returns of PE investments. In making these contributions we examined a private equity investment of a regional PE in Italy and administered a telephone questionnaire to 40 PEs in Italy and the UK and found principally that while size is the most important driver in producing abnormal returns illiquidity alone cannot explain the expected returns of PE investments (cf. Franzoni et al., 2012). Based on our findings we developed a predictive model of PE decision-making that draws on an ex-ante perspective of asset pricing and takes into account PE phenomena and abnormal returns. This model extends the work of Franzoni et al. (2012), Jegadeesh et al. (2009), and Korteweg and Sorensen (2010) who did not consider the possible influence of PE phenomena in decision-making and will also help PE managers in making better-informed decisions


1999 ◽  
Vol 24 (04) ◽  
pp. 897-923 ◽  
Author(s):  
Trish Oberweis ◽  
Michael Musheno

We examine police decision making by focusing on police stories and drawing together contemporary thought about identities and police subculture. Our inquiry suggests that police decision making is both improvisational and patterned. Cops are moral agents who tag people with identities as they project identities of their own. They do engage in raw forms of division or stereotyping, marking some as others to be feared and themselves as protectors of society, while exercising their coercive powers to punish “the bad.” Due, in part, to the many ways that they identify themselves, cops also connect with people as unique individuals, including individuals whose categorical identities (e.g., drug dealers) put them at the margins of society. Rather than using their coercive powers to repress these individuals, cops infuse them with certain virtues (e.g., good family men) while cutting them breaks. As they complicate representations of themselves, cops also project complex notions of law and legality. Moral discourse seems to infuse their judgments, while they invoke law strategically as a tool to enforce their moral judgments.


Author(s):  
Mohinder Chand Dhiman ◽  
Pawan S. Budhwar ◽  
Anastasia A. Katou

This paper, utilising the social exchange theory, examines the relationship between before hiring negotiation (ex-ante) and after hiring negotiation (ex-post), idiosyncratic deals (i-deals) and employee reactions (i.e., motivation, commitment, work engagement and organisational citizenship behaviour). I-deals refer to voluntary, personalized agreements of a nonstandard nature negotiated between individual employees and their employers regarding terms that benefit each party. The hypotheses of the study were tested applying structural equation modelling on data collected from 275 employees working in 39 companies operating in the Indian hospitality industry. The findings show that although ex-ante and ex-post negotiations are interrelated, the negotiating special terms and conditions at the time of hire are less common than negotiating these terms and conditions while on job. Additionally, the findings indicate that ex-ante negotiation relates positively and more strongly to flexibility i-deals than to task and career i-deals, whilst ex-post negotiation relates positively but more strongly to career i-deals that to task and flexibility i-deals. The analysis also confirms the positive but differential effects of task, career and flexibility i-deals on employee reactions. Implications of the findings for both research and practice are discussed.


Sign in / Sign up

Export Citation Format

Share Document