Institutional design must assign who thinks about the rationale of decisional rules

Evidence

If the courts themselves refuse to think about the reasons for rules in the fashion of the Georgz court, and if the American Law Instituteoalso refuses to think - even in the absence of any reliance interest which justifies non-thinking, who is supposed to think? Only the legislature? … Is thinking about the rationale of decisional rules the legislature’s forte? — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2617

Categorization

• QUESTION: This chapter’s recurring question about institutional division of labor between courts, the ALI, and legislatures is precisely the LGST 1110 institutions thread — worth carrying into the polyad as a framework across courses.
• XREF: Connects to the running polyad theme of which institutional bodies legitimately make law, echoing the court’s byproduct lawmaking earlier in Volume 1. — connects to: Individual willpower cannot override implicit bias; institutional design must — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 1354

Broader Connections

• Individual willpower cannot override implicit bias; institutional design must #expands (0.85) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1354