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  1. How a statute applies.Barbara Baum Levenbook - 2006 - Legal Theory 12 (1):71-112.
    This essay presents a new theory of statutory application that is superior to two competitors. One of the competitors claims that statutory directives apply to act-tokens fitting the legislature's intention. The other holds that statutes apply to act-tokens that are of the genuine kinds named by the classifying words. These theories solve certain problems badly or not at all, respectively: (1) accounting for the capacity of statutes for epistemic guidance; and (2) avoiding literalism. Both do a limited job of accounting (...)
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  • Libertarian paternalism and health care policy: a deliberative proposal. [REVIEW]Giuseppe Schiavone, Gabriele De Anna, Matteo Mameli, Vincenzo Rebba & Giovanni Boniolo - 2014 - Medicine, Health Care and Philosophy 17 (1):103-113.
    Cass Sunstein and Richard Thaler have been arguing for what they named libertarian paternalism (henceforth LP). Their proposal generated extensive debate as to how and whether LP might lead down a full-blown paternalistic slippery slope. LP has the indubitable merit of having hardwired the best of the empirical psychological and sociological evidence into public and private policy making. It is unclear, though, to what extent the implementation of policies so constructed could enhance the capability for the exercise of an autonomous (...)
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