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Community standards

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  • Miller, Alan D.

Abstract

I introduce a model of community standards relevant to the judicial determination of obscenity. Standards are defined as subjective judgments restricted only by a simple reasonableness condition. Individual standards are aggregated to form the community standard. Several axioms reflect legal concerns. These require that the community standard (a) preserve unanimous agreements, (b) become more permissive when all individuals become more permissive, and not discriminate, ex ante, (c) between individuals and (d) between works. I show that any rule which satisfies these properties must be “similar” to unanimity rule. I also explore the relationship between the model and the doctrinal paradox of Kornhauser and Sager [12].

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Bibliographic Info

Article provided by Elsevier in its journal Journal of Economic Theory.

Volume (Year): 148 (2013)
Issue (Month): 6 ()
Pages: 2696-2705

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Handle: RePEc:eee:jetheo:v:148:y:2013:i:6:p:2696-2705

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Web page: http://www.elsevier.com/locate/inca/622869

Related research

Keywords: Community standards; Axioms; Obscenity; Aggregation; Doctrinal paradox;

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References

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  1. Barbera, S. & Sonnenschein, H., 1988. "Voting By Quota And Committee," UFAE and IAE Working Papers 95-88, Unitat de Fonaments de l'Anàlisi Econòmica (UAB) and Institut d'Anàlisi Econòmica (CSIC).
  2. Jean-Pierre Barthélemy & Bruno Leclerc & Bernard Monjardet, 1986. "On the use of ordered sets in problems of comparison and consensus of classifications," Journal of Classification, Springer, vol. 3(2), pages 187-224, September.
  3. Samet, Dov & Schmeidler, David, 2003. "Between liberalism and democracy," Journal of Economic Theory, Elsevier, vol. 110(2), pages 213-233, June.
  4. Kornhauser, Lewis A., 1992. "Modeling collegial courts I: Path-dependence," International Review of Law and Economics, Elsevier, vol. 12(2), pages 169-185, June.
  5. Biung-Ghi Ju, 2010. "Individual powers and social consent: an axiomatic approach," Social Choice and Welfare, Springer, vol. 34(4), pages 571-596, April.
  6. Monderer, Dov & Samet, Dov, 1989. "Approximating common knowledge with common beliefs," Games and Economic Behavior, Elsevier, vol. 1(2), pages 170-190, June.
  7. List, Christian & Pettit, Philip, 2002. "Aggregating Sets of Judgments: An Impossibility Result," Economics and Philosophy, Cambridge University Press, vol. 18(01), pages 89-110, April.
  8. Leclerc, B., 1984. "Efficient and binary consensus functions on transitively valued relations," Mathematical Social Sciences, Elsevier, vol. 8(1), pages 45-61, August.
  9. Peter Fishburn & Ariel Rubinstein, 1986. "Aggregation of equivalence relations," Journal of Classification, Springer, vol. 3(1), pages 61-65, March.
  10. Dinko Dimitrov & Thierry Marchant & Debasis Mishra, 2012. "Separability and aggregation of equivalence relations," Economic Theory, Springer, vol. 51(1), pages 191-212, September.
  11. Salvador Barbera & Hugo Sonnenschein & Lin Zhou, 1990. "Voting by Committees," Cowles Foundation Discussion Papers 941, Cowles Foundation for Research in Economics, Yale University.
  12. Kornhauser, Lewis A, 1992. "Modeling Collegial Courts. II. Legal Doctrine," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(3), pages 441-70, October.
  13. Nehring, Klaus & Puppe, Clemens, 2007. "The structure of strategy-proof social choice -- Part I: General characterization and possibility results on median spaces," Journal of Economic Theory, Elsevier, vol. 135(1), pages 269-305, July.
  14. Monjardet, B., 1990. "Arrowian characterizations of latticial federation consensus functions," Mathematical Social Sciences, Elsevier, vol. 20(1), pages 51-71, August.
  15. Christopher Chambers & Alan Miller, 2011. "Rules for aggregating information," Social Choice and Welfare, Springer, vol. 36(1), pages 75-82, January.
  16. Miller, Alan D., 2008. "Group identification," Games and Economic Behavior, Elsevier, vol. 63(1), pages 188-202, May.
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Citations

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Cited by:
  1. Nehring, Klaus & Pivato, Marcus & Puppe, Clemens, 2013. "The Condorcet set: Majority voting over interconnected propositions," Working Paper Series in Economics 51, Karlsruhe Institute of Technology (KIT), Department of Economics and Business Engineering.
  2. Nehring, Klaus & Pivato, Marcus & Puppe, Clemens, 2011. "Condorcet admissibility: Indeterminacy and path-dependence under majority voting on interconnected decisions," MPRA Paper 32434, University Library of Munich, Germany.

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