New York University Public Law and Legal Theory Working Papers

Document Type

Article

Abstract

What protocol should participants in a collective decision making institution follow? Analysts often implicitly assume that each participant should decide as if she were deciding alone. This essay argues that, in many institutional contexts, the normatively appropriate protocol for deciding together differs from the protocol of deciding alone. The argument is developed through the analysis of two prominent collective decision institutions: the jury and the appellate court.

Date of Authorship for this Version

10-2013

Keywords

collective decision making, judgment aggregation, appellate courts, juries, legislatures

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