DIMENSIONS OF JURIDICAL DECISION 1 – Reciprocity (relatively easy) 2 – Incentive

DIMENSIONS OF JURIDICAL DECISION

1 – Reciprocity (relatively easy)

2 – Incentive -means, motive, opportunity (relatively easy)

3 – Competency (this is the problem)

4 – Externality (relatively easy)

The problem with competency is that the superior is liable for the ignorance of the inferior, while the superior has every incentives to profit from the ignorance and incompetence of the inferior. Hence the question of ghetto vs aristocratic ethics: whether you do not (ghetto) or do (aristocratic) demand paternal due diligence. And the western answer is “yes”.

(draft)