Seth Oranburg (University of New Hampshire Franklin Pierce School of Law) has posted From Anti-Bad to Pro-Good: Legal Architecture for Collective Phrónêsis on SSRN. Here is the abstract:
Regulation generally aims to suppress harms (e.g., fraud, abuse, systemic collapse) but often fails to promote human flourishing. This article reframes law not merely as a shield against disaster, but as an architecture for cultivating collective practical wisdom (phrónêsis). Using Regulation Crowdfunding as a case study, it diagnoses how technocratic legal design tends to suppress risk but tends not to nurture adaptive judgment. The paper proposes an alternative framework: legal structures that preserve cognitive diversity, scaffold collective deliberation, and lever the wisdom of the crowd to promote wise choices under conditions of uncertainty. By reimagining law as a superstructure for collective wisdom, it offers a new perspective on how legal systems might promote thriving, not just prevent failure.
Recommended.