IDEAS home Printed from https://ideas.repec.org/a/kap/pubcho/v183y2020i3d10.1007_s11127-020-00804-7.html
   My bibliography  Save this article

Can a contractarian be a paternalist? The logic of James M. Buchanan’s system

Author

Listed:
  • Mario J. Rizzo

    (New York University)

  • Malte F. Dold

    (Pomona College)

Abstract

At various points in his work, James Buchanan mentions favorably the idea of private constitutional choice, that is, it can be rational for a present-biased individual to constrain her future behavior by self-imposed rules of personal conduct. Given that in a classical liberal world such self-constitutions would face no political or legal obstacle, we ask whether reasonable people would call on the state to assist them in the enforcement of their personal constitutions. In this paper, we provide several arguments for the incompatibility of Buchanan’s contractarianism with various forms of state paternalism.

Suggested Citation

  • Mario J. Rizzo & Malte F. Dold, 2020. "Can a contractarian be a paternalist? The logic of James M. Buchanan’s system," Public Choice, Springer, vol. 183(3), pages 495-507, June.
  • Handle: RePEc:kap:pubcho:v:183:y:2020:i:3:d:10.1007_s11127-020-00804-7
    DOI: 10.1007/s11127-020-00804-7
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s11127-020-00804-7
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.

    File URL: https://libkey.io/10.1007/s11127-020-00804-7?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Malte F. Dold, 2018. "Back to Buchanan? Explorations of welfare and subjectivism in behavioral economics," Journal of Economic Methodology, Taylor & Francis Journals, vol. 25(2), pages 160-178, April.
    2. James Buchanan, 2005. "Afraid to be free: Dependency as desideratum," Public Choice, Springer, vol. 124(1), pages 19-31, July.
    3. Buchanan, James M, 1987. "The Constitution of Economic Policy," American Economic Review, American Economic Association, vol. 77(3), pages 243-250, June.
    4. George Ainslie, 2012. "Pure hyperbolic discount curves predict “eyes open” self-control," Theory and Decision, Springer, vol. 73(1), pages 3-34, July.
    5. Buchanan,James M. & Congleton,Roger D., 2006. "Politics by Principle, Not Interest," Cambridge Books, Cambridge University Press, number 9780521031325.
    6. Nathan Berg & Gerd Gigerenzer, 2010. "As-if behavioral economics: neoclassical economics in disguise?," History of Economic Ideas, Fabrizio Serra Editore, Pisa - Roma, vol. 18(1), pages 133-166.
    7. Loewenstein, George, 1987. "Anticipation and the Valuation of Delayed Consumption," Economic Journal, Royal Economic Society, vol. 97(387), pages 666-684, September.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Randall G. Holcombe, 2020. "James M. Buchanan’s constitutional project: past and future," Public Choice, Springer, vol. 183(3), pages 371-387, June.
    2. Niclas Berggren & Jerg Gutmann, 2020. "Securing personal freedom through institutions: the role of electoral democracy and judicial independence," European Journal of Law and Economics, Springer, vol. 49(2), pages 165-186, April.
    3. Roger Congleton & Andreas Kyriacou & Jordi Bacaria, 2003. "A Theory of Menu Federalism: Decentralization by Political Agreement," Constitutional Political Economy, Springer, vol. 14(3), pages 167-190, September.
    4. Berg, Nathan & Biele, Guido & Gigerenzer, Gerd, 2010. "Does consistency predict accuracy of beliefs?: Economists surveyed about PSA," MPRA Paper 26590, University Library of Munich, Germany.
    5. Geoffrey Lea & Adam Martin, 2014. "From Vienna to Virginia: Exchange, rules, and social cooperation an introduction to the symposium," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 27(1), pages 1-9, March.
    6. Christopher Coyne & Lotta Moberg, 2015. "The political economy of state-provided targeted benefits," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 28(3), pages 337-356, September.
    7. Horn, Karen, 2011. "James M. Buchanan – Doing away with discrimination and domination," Journal of Economic Behavior & Organization, Elsevier, vol. 80(2), pages 358-366.
    8. Richard E. Wagner, 2012. "Deficits, Debt, and Democracy," Books, Edward Elgar Publishing, number 14477.
    9. Alexander William Salter, 2016. "Political Property Rights and Governance Outcomes: A Theory of the Corporate Polity," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 31(Winter 20), pages 1-20.
    10. Charles Delmotte & Malte Dold, 2022. "Dynamic preferences and the behavioral case against sin taxes," Constitutional Political Economy, Springer, vol. 33(1), pages 80-99, March.
    11. Niclas Berggren, 2012. "The Calculus of Consent: some Swedish connections," Public Choice, Springer, vol. 152(3), pages 313-321, September.
    12. Young, Andrew T., 2022. "Consent or coordination? assemblies in early medieval Europe," International Review of Law and Economics, Elsevier, vol. 72(C).
    13. Timothy P. Roth, 2014. "Economists and the State," Books, Edward Elgar Publishing, number 15078.
    14. Berggren, Niclas & Karlson, Nils, 2003. "Constitutionalism, Division of Power and Transaction Costs," Public Choice, Springer, vol. 117(1-2), pages 99-124, October.
    15. Michael C. Munger, 2022. "Giants among us: do we need a new antitrust paradigm?," Constitutional Political Economy, Springer, vol. 33(4), pages 445-460, December.
    16. Daniele Bertolini, 2019. "Constitutionalizing Leviathan: A Critique of Buchanan’s Conception of Lawmaking," Homo Oeconomicus: Journal of Behavioral and Institutional Economics, Springer, vol. 36(1), pages 41-69, October.
    17. Vanberg Viktor J., 2013. "James M. Buchanan (1919-2013)," ORDO. Jahrbuch für die Ordnung von Wirtschaft und Gesellschaft, De Gruyter, vol. 64(1), pages 11-24, January.
    18. Marta Podemska-Mikluch & Darwyyn Deyo & David T. Mitchell, 2016. "Public Choice Lessons from the Wizarding World of Harry Potter," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 31(Spring 20), pages 57-69.
    19. Marianne Johnson, 2018. "Rules versus authorities," Public Choice, Springer, vol. 175(3), pages 219-228, June.
    20. Friedrich Schneider, 2013. "James M. Buchanan and the European Public Choice Movement: What Did We Learn from Him?," Economics working papers 2013-24, Department of Economics, Johannes Kepler University Linz, Austria.

    More about this item

    Keywords

    Contractarianism; James Buchanan; Paternalism; Rules; Self-constitutions;
    All these keywords.

    JEL classification:

    • B31 - Schools of Economic Thought and Methodology - - History of Economic Thought: Individuals - - - Individuals
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:pubcho:v:183:y:2020:i:3:d:10.1007_s11127-020-00804-7. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.