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Individual v . Political Ethics. Thompson: Different in origin, function, and content How are they different? In what ways are legislators different from ordinary citizens? How are they similar (how do we expect similar behavior?). Dennis Thompson Theories of Legislative Ethics.
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Individual v. Political Ethics • Thompson: Different in origin, function, and content • How are they different? In what ways are legislators different from ordinary citizens? • How are they similar (how do we expect similar behavior?)
Dennis Thompson Theories of Legislative Ethics Theories he feels are insufficient: Minimalist Functionalist Rationalist
Minimalist Theories • “Ask the minimum” of legislators, tell them • what behavior to avoid, not what behavior to aspire to • Focus on avoiding financial conflicts of interest
Functionalist Theories • Focus on the function or role of the legislator, how the legislator should act in relation to his or her constituents • Delegate • Trustee
Rationalist/Maximalist Theories of Ethics • Urge legislators to follow broad principles • JOHN RAWLS Veil of ignorance UTILITARIANISM (John S. Mill) LIBERTARIANISM (R. Nozick, M. Friedman) COMMUNITARIANISM
Criticisms of These Theories • Thompson criticizes all 3 types of theories of legislative ethics (minimalist, functionalist and rationalist)
Thompson’s alternative (he says better) view of legislative ethics Autonomy (independence) Fairness Generality Publicity Accountability