Daria Roithmayr

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The parasitic liberalism thesis, advanced in many variants over the past two centuries, holds that the proper functioning of markets and other institutions endorsed by liberals depends on family-based, religious, and other traditional social norms that are endangered by these very institutions. Liberal society thus is said to fail Rawls’s test of stability:(More)
Until recently, theorists considering the evolution of human cooperation have paid little attention to institutional punishment, a defining feature of large-scale human societies. Compared to individually-administered punishment, institutional punishment offers a unique potential advantage: the ability to control how quickly legal rules of punishment evolve(More)
It is often asserted that the United States’ Constitution is the world’s most difficult to amend.2 Depending on one’s normative perspective, this fact is either seen as a reflection of the Constitution’s genius and a key to its endurance, or as a barrier to modernization.3 But virtually all observers agree on the basic fact of difficulty. The question is:(More)
Most modern societies have adopted centralized rules of legal punishment to promote collaborative behavior. Among other advantages, a centralized institutional punisher can unilaterally decide the rate at which legal rules evolve relative to the social behavior being regulated. Legal and political theorists disagree over whether or not law should evolve(More)
The problem of racial discrimination has reached a point of equipoise. When one examines closely the lived lives of citizens of color across some of the most pertinent evaluative domains, one clearly finds that citizens of color are not enjoying the full benefits of American citizenship. African Americans, Latinos, and Native Americans lag behind Whites and(More)
This essay will explore the idea that in the wake of the Constitutional Court’’s decision in Mazibuko v City of Johannesburg,1 activists who are committed to dismantling persistent racial and class inequality should weigh carefully the costs and benefits of using rights-based litigation as a strategy to advance their interests. In putting forward that(More)
Mainstream theoretical work in law and economics has paid relatively little attention to the dynamics of legal activity or of the behavior that law regulates. As is true for economics generally, most law and economics analysis focuses on the equilibrium rest points to which processes theoretically converge. With some exception, scholars have largely ignored(More)
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