‘Legal Theory Lexicon: Second Best and Nonideal Theory’

“The post provides a very basic introduction to the idea of ‘second best’. The term ‘second best’ originated in a famous 1956 article by Lipsey and Lancaster (see bibliography below), and it was originally used as a technical economic concept. Despite its technical origins, the idea behind the second best is very general: sometimes the ideal solution to a problem (or ‘optimal policy option’) cannot be achieved. The best should not be the enemy of the good; so, when the first-best policy option is unavailable, then normative legal theorists should consider second-best solution …” (more)

[Lawrence Solum, Legal Theory Blog, 25 April]

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