IDEAS home Printed from https://ideas.repec.org/a/bla/ecaffa/v41y2021i3p442-457.html
   My bibliography  Save this article

A call to embrace jural dualism

Author

Listed:
  • Jonathon Diesel
  • Daniel B Klein

Abstract

This article explores concepts under a rubric termed ‘jural’, the meaning of which is differentiated from ‘legal’. Within the conceptualisation of the modern nation state, there are two categories of jural relationships. In the first, both parties have equal jural standing (equal–equal), as between neighbours. In the second jural relationship (superior–inferior), one party has standing as a special jural player, essentially the governor. The jural superior wields the coercive powers of government. Human beings, we argue, are predisposed to folding this jural superior back into the equal–equal relationship, thus notionally collapsing two relationships back to one, or collapsing from jural dualism into jural monism. Two varieties of the tendency stand out, namely collectivist thinking that sees government as a set of rules and arrangements arrived at voluntarily, and Rothbardian libertarianism that sees government as a criminal organisation and proposes its elimination. But, beyond those two varieties, we see traces and tinctures of the tendency towards jural monism. We call for a conscious embrace of jural dualism.

Suggested Citation

  • Jonathon Diesel & Daniel B Klein, 2021. "A call to embrace jural dualism," Economic Affairs, Wiley Blackwell, vol. 41(3), pages 442-457, October.
    • Handle: RePEc:bla:ecaffa:v:41:y:2021:i:3:p:442-457
    DOI: 10.1111/ecaf.12484
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/ecaf.12484
    Download Restriction: no
    File URL: https://libkey.io/10.1111/ecaf.12484?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
    ---><---

    References listed on IDEAS

    as
    1. Daniel B. Klein & Stewart Dompe, 2007. "Reasons for Supporting the Minimum Wage: Asking Signatories of the "Raise the Minimum Wage" Statement," Econ Journal Watch, Econ Journal Watch, vol. 4(1), pages 125-167, January.
    2. Richard A. Epstein, 2011. "Bundle-of-Rights Theory as a Bulwark Against Statist Conceptions of Private Property," Econ Journal Watch, Econ Journal Watch, vol. 8(3), pages 223-235, September.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Daniel B Klein & Caroline Breashears, 2022. "By the same author: Presenting Adam Smith's works as a whole," Economic Affairs, Wiley Blackwell, vol. 42(3), pages 528-540, October.

    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. Rossi, Enrico, 2020. "Reconsidering the dual nature of property rights: personal property and capital in the law and economics of property rights," LSE Research Online Documents on Economics 105840, London School of Economics and Political Science, LSE Library.
    2. Stephen C. Miller, 2009. "Economic Bias and Ideology: Evidence from the General Social Survey," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 25(Fall 2009), pages 31-49.
    3. Walter E. Block, 2013. "Creating Jobs," Romanian Economic Business Review, Romanian-American University, vol. 8(3), pages 7-16, September.
    4. Robert Whaples, 2009. "The Policy Views of American Economic Association Members: The Results of a New Survey," Econ Journal Watch, Econ Journal Watch, vol. 6(3), pages 337-348, September.
    5. Zeljka Buturovic & Daniel B. Klein, 2010. "Economic Enlightenment in Relation to College-going, Ideology, and Other Variables: A Zogby Survey of Americans," Econ Journal Watch, Econ Journal Watch, vol. 7(2), pages 174-196, May.
    6. Benito Arruñada, 2016. "Coase and the departure from property," Chapters, in: Claude Ménard & Elodie Bertrand (ed.), The Elgar Companion to Ronald H. Coase, chapter 22, pages 305-319, Edward Elgar Publishing.
    7. Eric Strobl & Frank Walsh, 2007. "The Ambiguous Effect of Minimum Wages on Workers and Total Hours," Working Papers 200714, School of Economics, University College Dublin.
    8. Brown Matthew & Cardiff-Hicks Brianna, 2018. "The Tragedy of the Uncommons," Review of Law & Economics, De Gruyter, vol. 14(2), pages 1-22, July.
    9. Novak Mikayla, 2018. "Property Rights in an Entangled Political Economy," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 24(1), pages 1-10, June.
    10. John Paloglou & Walter E. Block, 2021. "A Case Against The Minimum Wage," Romanian Economic Business Review, Romanian-American University, vol. 16(3), pages 28-37, September.
    11. Daniel B. Klein & Charlotta Stern, 2007. "Is There a Free‐Market Economist in the House? The Policy Views of American Economic Association Members," American Journal of Economics and Sociology, Wiley Blackwell, vol. 66(2), pages 309-334, April.
    12. Erwin Ooghe, 2015. "Wage policies, employment, and redistributive efficiency," Working Papers 2015/42, Institut d'Economia de Barcelona (IEB).
    13. Nidya Listiyono & Adi Wijaya & Irsan Tricahyadinata, 2021. "The effect of investment, education level, and government spending on economic growth and labor absorption in East Kalimantan Province, Indonesia," Technium Social Sciences Journal, Technium Science, vol. 20(1), pages 465-485, June.
    14. Daniel B. Klein, 2007. "Economics And The Distinction Between Voluntary And Coercive Action," Economic Affairs, Wiley Blackwell, vol. 27(4), pages 65-69, December.
    15. James Rycroft & John M. Luiz, 2018. "Homelessness, Property Rights, and Institutional Logics," Working Papers 750, Economic Research Southern Africa.
    16. Orsi, Fabienne, 2013. "Elinor Ostrom et les faisceaux de droits : l’ouverture d’un nouvel espace pour penser la propriété commune," Revue de la Régulation - Capitalisme, institutions, pouvoirs, Association Recherche et Régulation, vol. 14.
    17. Art Carden & Mike Hammock, 2010. "The Truthiness Hurts," Economic Affairs, Wiley Blackwell, vol. 30(2), pages 71-76, June.
    18. repec:thr:techub:10020:y:2021:i:1:p:465-485 is not listed on IDEAS
    19. Daniel B. Klein, 2011. "Competition as a Discovery Procedure: A Rejoinder to Professor Kirzner on Coordination and Discovery," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 27(Fall 2011), pages 121-144.
    20. Chris Garbers & Guangling Dave Liu, 2017. "Macroprudential policy and foreign interest rate shocks: A comparison of different instruments and regulatory regimes," Working Papers 719, Economic Research Southern Africa.

    More about this item

    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:bla:ecaffa:v:41:y:2021:i:3:p:442-457. 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: Wiley Content Delivery (email available below). General contact details of provider: http://www.blackwellpublishing.com/journal.asp?ref=0265-0665 .

    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.