scholarly journals REASONABLE RISK FROM THE PERSPECTIVE OF RATIONAL CHOICE THEORY

2018 ◽  
Vol 2 (2) ◽  
pp. 48-55
Author(s):  
Oleg Nikolaevich Bibik
Keyword(s):  
Rational Choice ◽  
Criminal Law ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Criminal Code ◽  
Social Utility ◽  
Risk Level ◽  
Economic Analysis Of Law ◽  
Average Value ◽  
The Subject

The subject. The article is devoted to analysis of criminal legal issues of reasonable risk.The purpose of the article is to prove the necessity of reasonable risk manangement in crim-inal legal purposes.Methodology. The problem of reasonable risk is considered through the theory of rational choice, economic analysis of law, as well as through formal legal analysis.Results, scope of application. The justified risk demonstrates the ineffectiveness of the use of state coercion in view of the social utility of the actions performed, since the benefit from them exceeds the possible adverse consequences. It is stated that art. 41 of the Criminal Code of the Russian Federation is rarely applied by judicial bodies. Reasonable risk is confound by extreme necessity. At the same time, it is not taken into account that the risk is not accompanied by the inevitable infliction of consequences, whereas if extreme necessity they come necessarily. It is proposed to introduce a system of management of reasonable risk, including through stand-ardization, development of rules of conduct in terms of possible risk, calculation of the risk fac-tor. The risk of consequences is a key factor in determining guilt. The greater the likelihood of socially dangerous consequences anticipated by a person, the greater the corresponding risk, the greater the degree of guilt of the subject. For example, with regard to direct intent, the risk factor may be 95-100%, with respect to indirect intent – 50-95%, with respect to recklessness – 1-49% (with frivolity, a person, although predicting the possibility of occurrence of events, but presupposes that they will not come; therefore, he estimates the probability of less than 50/50), with respect to negligence – 0.1-1%. If the risk of the event is less than 0.1 % or the average value reflecting its random nature, it can be concluded that there is a case.Conclusions. In case of a high probability of occurrence of consequences, the obvious risk is unreasonable and there are signs of intentional infliction. It is important to manage risks in terms of encouraging people to take risks if the criminal law imposes too high a risk level, a person abandons socially useful activities, which can lead to more serious adverse conse-quences. Stimulation of reasonable risk in criminal law is possible, inter alia, by means of pre-suppositions, in the performance of which the justified nature of risky actions is assumed.

scholarly journals Moral Truth and Criminology: Back to Its Classical Roots

2021 ◽  
Vol 15 (1) ◽  
pp. 6-14
Author(s):  
Alexandre Chitov
Keyword(s):  
Moral Responsibility ◽  
Free Will ◽  
Rational Choice ◽  
Criminal Law ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Moral Truth ◽  
Underlying Principle ◽  
Rational Choice Theories ◽  
Criminological Theories

This paper argues for the relevance of classical criminology for addressing contemporary problems of the criminal justice system. Despite many fundamental differences in political and cultural contexts, the central themes of classical crimino­logy continue to be relevant for our time. One such theme is the criticism of criminal law for imposing very harsh penalties. Penalties become cruel if they produce fear rather than moral responsibility. Criminal laws based on fear rather than conscience and reason are the expressions of political tyranny. The importance of developing moral responsibility has been reflected in a number of contemporary criminological theories. They, however, differ from classical criminology in one important aspect. Contemporary criminology, even though accepting the importance of morality in preventing crimes, does not affirm the existence of a moral truth. Classical criminology, as developed by Beccaria and Bentham, is based on a belief in moral truth as the criterion for evaluating contemporary institutions of criminal law. One instance of moral truth is that crimes are acts of free will. In contrast, many contemporary criminological theories do not recognize the concept of free will, which still remains the underlying principle of responsibility in criminal law. Rational choice theory is an exception. The paper highlights some shortcomings of the classical and rational choice theories from the viewpoint of a criminal law theorist. However, these shortcomings do not reduce the overriding importance of the unity of law, morals, and criminology. In order to reach a greater unity between the disciplines of criminology and criminal law, there is a need for the return to, and the acceptance of the main ethical tenets of classical criminology.

Introduction

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Law And Economics ◽  
Legal Analysis ◽  
Economic Analysis Of Law ◽  
Behavioral Studies ◽  
Behavioral Law And Economics ◽  
Systematic Synthesis

Standard economic analysis of law is based on rational choice theory. In recent decades, numerous experimental and empirical findings have established prevalent and systematic deviations from the assumptions of economic rationality. These findings have been gradually integrated into mainstream economic analysis, including economic analysis of law, to form behavioral law and economics. The introduction highlights the important contributions of behavioral studies to economic analysis of law and to legal analysis more generally. It describes the scope of the book and outlines its structure. It also mentions legal spheres in which the existing scholarship does not yet lend itself to systematic synthesis.

scholarly journals The Effect of Religion on Ethnic Tolerance in Malaysia: The Application of Rational Choice Theory (RCT) and the Theory of Planned Behaviour (TPB)

2016 ◽  
Vol 9 (11) ◽  
pp. 13 ◽  
Author(s):  
Fazilah Idris ◽  
Mohd Richard Neles Abdullah ◽  
Abdul Razak Ahmad ◽  
Ahmad Zamri Mansor
Keyword(s):  
Theory Of Planned Behavior ◽  
Rational Choice ◽  
Planned Behavior ◽  
Theory Of Planned Behaviour ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Future Studies ◽  
Ethnic Integration ◽  
The Subject ◽  
Human Social Behaviour

<p class="apa">There has been little research done on explaining the ethnic tolerance behavior from the perspective of sociological theories. The authors chose rational choice theory and the theory of planned behavior as they are widely used in explaining the human social behaviour. In this article, the theories are used to explain the effects of religion on ethnic tolerance in Malaysia. The authors also reviewed a number of literatures to study how religion is associated with ethnic tolerance. From the rational choice theory perspective, it was found that ethnic tolerance can be influenced by one’s religious belief if those who practice it are reciprocated with the promise of retributions from God. The theory of planned behavior on the other hand suggests that religion can affect behavior, subjective norms and perception on how one deal with ethnic tolerance. It is recommended that the theories are used by future studies in order to further expand knowledge base on the subject of ethnic tolerance. This study provides ways and means to inculcate ethnic integration in Malaysia and helps to diffuse religious and ethnic prejudices.</p>

The Changing Face of British Public Administration

Politics ◽  
1995 ◽  
Vol 15 (2) ◽  
pp. 117-126 ◽  
Author(s):  
R A W Rhodes
Keyword(s):  
Rational Choice ◽  
Public Administration ◽  
Public Management ◽  
New Public Management ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
State Theory ◽  
Government Relations ◽  
New Public ◽  
The Subject

This paper explores the changes in the study of Public Administration during the 1980s It documents the continuing contribution of organisation theory in the study of central-local government relations and government-industry relations; the failure of state theory; the challenge of rational choice theory; and the meteoric rise of the new public management. Public Administration experienced contradictory trends. The institutionalist tradition underwent a long lingering decline and was replaced by many competing approaches. The institutional base of the subject was eroded in the 1980s as the subject was absorbed by business schools and research funding evaporated. The New Right was the wellspring of ideas for government reform while ‘indifference’ best describes official attitudes to Public Administration. But against this inauspicious back cloth, there were clear signs of intellectual vigour with important innovations in, for example, bureaumetrics, policy networks and rational choice models of bureaucracy.

Rational Choice Theory and the 1990 Party Merger in South Korea

OUGHTOPIA ◽  
2020 ◽  
Vol 35 (2) ◽  
pp. 247-282
Author(s):  
In-Kyun Kim ◽  
Myeong-Geon Koh
Keyword(s):  
South Korea ◽  
Rational Choice ◽  
Rational Choice Theory ◽  
Choice Theory

POLITICS-LAW CONVERGENCE OR DIVERGENCE? 'SMALL' POLITICAL PARTIES, REALPOLITIKAND SOUTH AFRICA'S 20 YEARS OF DEMOCRACY

2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Kealeboga J Maphunye
Keyword(s):  
Game Theory ◽  
Political Parties ◽  
Rational Choice ◽  
Significant Role ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Democratic Consolidation ◽  
Secondary Research ◽  
Extant Literature ◽  
African Charter

This article examines South Africa's 20-year democracy by contextualising the roles of the 'small' political parties that contested South Africa's 2014 elections. Through the  prism  of South  Africa's  Constitution,  electoral legislation  and the African Charter on Democracy, Elections and Governance, it examines these parties' roles in South Africa's democratisation; their influence,  if any, in parliament, and whether they play any role in South Africa's continental or international engagements. Based on a review of the extant literature, official documents,  legislation, media, secondary research, reports and the results of South Africa's elections, the article relies on game theory, rational choice theory and theories of democracy and democratic consolidation to examine 'small' political parties' roles in the country's political and legal systems. It concludes that the roles of 'small' parties in governance and democracy deserve greater recognition than is currently the case, but acknowledges the extreme difficulty experienced by the 'small'  parties in playing a significant role in democratic consolidation, given their formidable opponent in a one-party dominant system.

Rational Choice Contractualism

2018 ◽  
Author(s):  
Michael Moehler
Keyword(s):  
Rational Choice ◽  
Rational Choice Theory ◽  
Choice Theory ◽  
Correct Choice ◽  
Original Position ◽  
Decision Situation ◽  
Moral Principles ◽  
Theories Of Justice ◽  
Principles Of Justice ◽  
Traditional Understanding

This chapter discusses contractualist theories of justice that, although they rely explicitly on moral assumptions in the traditional understanding of morality, employ rational choice theory for the justification of principles of justice. In particular, the chapter focuses on the dispute between Rawls and Harsanyi about the correct choice of principles of justice in the original position. The chapter shows that there is no winner in the Rawls–Harsanyi dispute and, ultimately, formal methods alone cannot justify moral principles. This finding is significant for the development of the rational decision situation that serves for the derivation of the weak principle of universalization for the domain of pure instrumental morality.

Sign in / Sign up

Export Citation Format

Share Document