Keywords
rule of law, contract, convention, James M. Buchanan, constructive unanimity
Abstract
In this paper Noel B. Reynolds’s theory of law as convention is compared to the public choice contractarian theory of James M. Buchanan. While there are numerous similarities, major differences emerge. Only conventionalism can produce legal and political authority and norms to guide the use of that authority in maintaining the rule of law. The concept of constructive unanimity is introduced to overcome the ultimate failure of contractarianism to legitimate the authority of law.
BYU ScholarsArchive Citation
Reynolds, Noel B., "Conventionalism and Contractarianism" (1992). Faculty Publications. 1471.
https://scholarsarchive.byu.edu/facpub/1471
Document Type
Presentation
Publication Date
1992-11-20
Permanent URL
http://hdl.lib.byu.edu/1877/3371
Language
English
College
Family, Home, and Social Sciences
Department
Political Science
Copyright Status
Copyright held by Noel B. Reynolds for this presentation given at a Liberty Fund Conference in Virginia in 1992.
Copyright Use Information
http://lib.byu.edu/about/copyright/