Note:
Robert
Rouder, Mediating the Professional Paradox: An Application of
the Aggregate Idiot Phenomenon, 80 TEXAS L. REV. 671 (2002).
Abstract:
This
Note explores the purported justifications for regulating the
practice of law and finds that morally neutral
regulations—regulations that neither comport nor are dissonant
with accepted moral norms—are justified if, but only if, they
correct for an imbalance in power between the attorney and his
client. This,
however, presents a paradox, for if we portray the client as a
general idiot qua “man on the street” and the lawyer as the
intelligent but opportunistic shark, then on what basis do we
justify allowing the deficient to sit on juries, elect judges,
empanel ethics review boards, and vote in constitutional
referenda? This Note argues that an application of the Aggregate
Idiot Phenomenon—the notion that individuals generally decide
things wrongly but when aggregated in groups reach inspired
decisions—can mediate the professional paradox.