On Lotteries and Legal Decision-making
By (author) Neil Duxbury
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Random Justice by Neil Duxbury
Book DescriptionChance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery.
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Book DetailsISBN: 9780198268253
(242mm x 161mm x 20mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 29-Jul-1999
Country of Publication: United Kingdom
Books By Author Neil Duxbury
Elements of Legislation, Paperback (November 2012)
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Nature and Authority of Precedent, Paperback (April 2008)
An examination of how precedent operates as a common-law doctrine.
Frederick Pollock and the English Juristic Tradition, Hardback (September 2004)» View all books by Neil Duxbury
Provides a historical account of one of England's jurists, drawing upon several sources, and examines Pollock's career, jurisprudence, philosophy of the common law, treatise writing, and editorial initiatives. This book shows that Pollock's contribution to the development of English law and juristic inquiry is both complex and crucial.
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Author Biography - Neil Duxbury
Neil Duxbury is Professor of Law at the University of Manchester
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