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Legal Commentary
: BalkinizationPublic Choice Theory and Governor Blagojevich
By Jack M. Balkin
Maybe the problem is the measure of personal well-being: Public officials can?t use as a measure of personal well-being their own preferences, whatever they happen to be. But if we rule out some measures of well-being for public officials for normative reasons, and then analyze what decisions people with those ?cleansed? preferences will make, why shouldn?t we do the same across-the-board? For example, why shouldn?t we rule out, for normative reasons, every motivation other than making good public policy (for voters as well as elected officials), and then see what we get? That would, I think, wreak havoc with public-choice scholarship at least as it?s been assimilated into law schools.
Full post as published by Balkinization on December 10, 2008 (boomark / email).
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