What is Law? How does Policy Paradox contribute to our understanding of law? How does Policy Paradox contribute to our understanding of law? 1.) Policy objectives (often the passage of laws) are separate from political objectives (gaining or maintaining of power.)

2.) Morality 1 Morality 2 Legality B Legality A

3.) Statistics, often used to seek policy objectives, face three problems: They are derived from, and presented alongside, imperfect words. They are derived from, and presented alongside, imperfect words. They can rarely tell the entire story. They can rarely tell the entire story. They can often be effectively countered by a competing statistic. They can often be effectively countered by a competing statistic.

4.) Problems and solutions are just a matter of perspective.

Stone What is the “rationality project?” What is the “rationality project?” What is the market? What is the market? What is the polis? What is the polis?

Concepts of Society Market Model Polis Model Unit of analysis IndividualCommunity MotivationsSelf-interest Altruism & self- interest Public interest Sum of individual interests What is good for the community Chief conflict self-interest vs. self-interest Commons problems

Concepts of Society Market Model Polis Model Source of ideas and preferences Self-generation Influences, society Building blocks of action IndividualsGroups Nature of information Accurate, complete, available Ambiguous, interpretive, incomplete, manipulated Sources of change Market exchange Ideas, persuasion, alliances; pursuit of power, our welfare, and public interest

What are “Goals?”

Goals Equity Equity Efficiency Efficiency Welfare Welfare Security Security Liberty Liberty

Equity Each side says their proposal is more equitable. Each side says their proposal is more equitable. Membership Membership Merit Merit Rank-based Distribution Rank-based Distribution Group-based Distribution Group-based Distribution Need Need Process Process

Efficiency Not really a “goal,” but something we use to get more of other things we value. Not really a “goal,” but something we use to get more of other things we value. Inputs and outputs Inputs and outputs Rationality Rationality Externalities Externalities Public Goods Public Goods

Welfare Society should help people in need… but what is “need?” Society should help people in need… but what is “need?” Material vs. Symbolic Material vs. Symbolic Intrinsic vs. Instrumental Needs Intrinsic vs. Instrumental Needs Volatility vs. Security Volatility vs. Security Quantity vs. Quality Quantity vs. Quality Absolute vs. Relative Need Absolute vs. Relative Need Moral Hazard Moral Hazard

Liberty Probably the most divisive issue. Probably the most divisive issue. Health care: liberty to have access to health care? Or liberty not to be forced to buy health care? Health care: liberty to have access to health care? Or liberty not to be forced to buy health care? Abortion/reproductive rights: liberty of the mother? Or liberty of the fetus/unborn child? Abortion/reproductive rights: liberty of the mother? Or liberty of the fetus/unborn child? Negative and positive rights Negative and positive rights Positive obligations that restrict liberty Positive obligations that restrict liberty Paternalism Paternalism Freedom of Speech Freedom of Speech Multiculturalism Multiculturalism

Security Freedom from insecurity Freedom from insecurity War to increase security… can create insecurity War to increase security… can create insecurity Risk Assessment… can create insecurity Risk Assessment… can create insecurity Surveillance… can create insecurity Surveillance… can create insecurity Prisons… can create insecurity Prisons… can create insecurity Weapons… can create insecurity Weapons… can create insecurity

Goals Enduring values and concepts. Enduring values and concepts. Everyone believes in equity, efficiency, welfare, security, and liberty in the abstract. Everyone believes in equity, efficiency, welfare, security, and liberty in the abstract. But as soon as we start talking about specifics, we begin arguing. But as soon as we start talking about specifics, we begin arguing. Most common standards of analysis in policy debates. Most common standards of analysis in policy debates. Why do you think this is so? Why do you think this is so?

Example Person A makes a proposal, arguing it is the only equitable way to do something. Person A makes a proposal, arguing it is the only equitable way to do something. Person B can respond with: Person B can respond with: No, that is not equitable and/or No, that is not equitable and/or It is inefficient and/or It is inefficient and/or It endangers welfare It endangers welfare It creates insecurity and/or It creates insecurity and/or It takes away liberty It takes away liberty

Different from specific policy objectives. Different from specific policy objectives. “I want to lower taxes across the board,” is a statement of a specific policy objective. “I want to lower taxes across the board,” is a statement of a specific policy objective. “I believe our tax policy should be equitable,” is not a statement of a specific policy objective. “I believe our tax policy should be equitable,” is not a statement of a specific policy objective. It is a statement using the enduring value of equity. It is a statement using the enduring value of equity.

Goals Equity Equity Ex.: Affirmative action in higher education Ex.: Affirmative action in higher education Efficiency Efficiency Ex.: Income tax policy Ex.: Income tax policy Welfare Welfare Ex. Privatizing fire departments Ex. Privatizing fire departments Security Security Ex. Fighting the “war on terror” Ex. Fighting the “war on terror” Liberty Liberty Ex. Health care Ex. Health care

Equity Each side says their proposal is more equitable. Each side says their proposal is more equitable. Membership Membership Merit Merit Rank-based Distribution Rank-based Distribution Group-based Distribution Group-based Distribution Need Need Process Process

Efficiency Not really a “goal,” but something we use to get more of other things we value. Not really a “goal,” but something we use to get more of other things we value. Goal is to get the most output for a given input. Goal is to get the most output for a given input. But… But… Who determines the main output? Who determines the main output? How do different outputs benefit different groups? How do different outputs benefit different groups? How should we count inputs that are simultaneously outputs to somebody else? How should we count inputs that are simultaneously outputs to somebody else? Opportunity costs? Opportunity costs?

Efficiency Concepts Externalities Externalities Public Goods Public Goods

Welfare Society should help people in need… but what is “need?” Society should help people in need… but what is “need?” At one end of the spectrum, basic infrastructure & police… at the other, complete communism. At one end of the spectrum, basic infrastructure & police… at the other, complete communism. Don’t confuse this term with “welfare” as it is commonly used rhetorically. Don’t confuse this term with “welfare” as it is commonly used rhetorically.

Welfare Concepts Material vs. Symbolic Material vs. Symbolic Intrinsic vs. Instrumental Needs Intrinsic vs. Instrumental Needs Volatility vs. Security Volatility vs. Security Quantity vs. Quality Quantity vs. Quality Absolute vs. Relative Need Absolute vs. Relative Need Moral Hazard Moral Hazard

Liberty Probably the most divisive issue. Probably the most divisive issue. Health care: liberty to have access to health care? Or liberty not to be forced to buy health care? Health care: liberty to have access to health care? Or liberty not to be forced to buy health care? Abortion/reproductive rights: liberty of the mother? Or liberty of the fetus/unborn child? Abortion/reproductive rights: liberty of the mother? Or liberty of the fetus/unborn child?

Liberty Concepts Negative and positive rights Negative and positive rights Positive obligations that restrict liberty Positive obligations that restrict liberty Paternalism Paternalism Freedom of Speech Freedom of Speech Multiculturalism Multiculturalism

Security Freedom from insecurity Freedom from insecurity Economic, food, cyber, personal, environmental Economic, food, cyber, personal, environmental War to increase security… can create insecurity War to increase security… can create insecurity Risk Assessment… can create insecurity Risk Assessment… can create insecurity Surveillance… can create insecurity Surveillance… can create insecurity Prisons… can create insecurity Prisons… can create insecurity Weapons… can create insecurity Weapons… can create insecurity

Putting it All Together Consider sex offenders: Consider sex offenders: How are these used in policy arguments? How are these used in policy arguments? Equity Equity Efficiency Efficiency Welfare Welfare Liberty Liberty Security Security