The diversity of diversity: further methodological considerations on the use of the concept in cultural economics

The implications of diversity still raise confusion in the cultural debate. We address them from both a formal and conceptual viewpoints, putting in check the validity of some arguments. We conclude that: measuring diversity demands key decisions and careful statistical procedures; ignorance on optimal diversity levels and on ways to generate them is widespread in the cultural field; there is no support for cultural diversity as something associated to fair economic and political systems; restriction to sheer economics requires the establishment of links between diversity and measurable properties – something rather incipient. Diversity, as a social choice, should be distinguished from it as an economic value.

Making decisions in the absence of clear facts: a historical perspective

Recently, a claim has been made that executive decisions makers, far from being fact collectors, are actually fact users and integrators. As such, the claim continues, executive decision makers need help in understanding how to interpret facts, as well as guidance in making decisions in the absence of clear facts. This report justifies this claim against the backdrop of the modern history of decision making, from 1956 to the present. The historical excursion serves to amplify and clarify the claim, as well as to develop a theoretical framework for making decisions in the absence of clear facts. Two essential issues are identified that impact upon decision making in the absence of clear facts, as well criteria for decision making effectiveness under such circumstances. Methodological requirements and practical objectives round off the theoretical framework. The historical analysis enables the identification of one particular established methodology as claiming to meet the methodological requirements of the theoretical framework. Since the methodology has yet to be tried on information-poor situations, a further project is proposed that will test its validity.

Law and economics in the civil law world: the case of Brazilian Courts

Conventional wisdom holds that economic analysis of law is either embryonic or nonexistent outside of the United States generally and in civil law jurisdictions in particular. Existing explanations for the assumed lack of interest in the application of economic reasoning to legal problems range from the different structure of legal education and academia outside of the United States to the peculiar characteristics of civilian legal systems. This paper challenges this view by documenting and explaining the growing use of economic reasoning by Brazilian courts. We argue that, given the ever-greater role of courts in the formulation of public policies, the application of legal principles and rules increasingly calls for a theory of human behavior (such as that provided by economics) to help foresee the likely aggregate consequences of different interpretations of the law. Consistent with the traditional role of civilian legal scholarship in providing guidance for the application of law by courts, the further development of law and economics in Brazil is therefore likely to be mostly driven by judicial demand.