Laws should be selected through contest and testing rather than consensual design

Evidence

The emerging conception of democracy insists that the point is to create a testing environment of selection for the laws, rather than to have laws that are consensually designed. — Philip Pettit, Republicanism, 1271

Categorization

• XREF: connects to: Non-arbitrary governance needs contestability rather than actual consent — Philip Pettit, Republicanism: A Theory of Freedom and…, 839; Common law rules arise from comparing cases, not from tracing prior logic — Burton, Steven J, An Introduction to Law and Legal…, 222; Arbitrariness concerns the controls on an act, not its consequences (+1 more)

Broader Connections

• Non-arbitrary governance needs contestability rather than actual consent #corroborates (0.88) — Philip Pettit, Republicanism, 839
• A competitive order requires deliberate legal and institutional construction #expands (0.80) — Philip Mirowski & Dieter Plehwe (eds.), The Road from Mont Pèlerin, 134
• Common law rules arise from comparing cases, not from tracing prior logic #exemplifies (0.75) — Burton, Steven J, An Introduction to Law and Legal…, 222
• Arbitrariness concerns the controls on an act, not its consequences #qualifies (0.72)