Abstract
I suggest an account of desuetudo in game-theoretic terms. I argue that there is an asymmetry with consuetudo, because consuetudo cannot be fully captured by a game-theoretic analysis, while desuetudo, properly understood as a dynamic, diachronic process, can. A norm (not necessarily a consuetudo) ceases to exist because there’s no need anymore, in an interactive situation, to foster certain equilibria, even though the same norm which is going in desuetudo might not have emerged as a consuetudo. While this kind of norm dynamics cannot explain all kinds of consuetudines, it can explain desuetudo, understood as a dynamic process ending with normative indifference, from a state which was normatively relevant. In this game-theoretic account the dynamicity is captured by the repeated occurence of the game, while desuetudo is the opposite process, in terms of normativity, with which a norm emerges (regardless of the fact whether the initial norm was a consuetudo or posited).
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.