Christian List and Philip Pettit (2002, 2004) have proved some interesting impossibility theorems, analogous to Kenneth Arrow's (1963) impossibility theorem that launched social choice theory. Suppose that the three judges, A, B, and C, vote as shown below on the following two "premise" propositions and the "conclusion" proposition concerning a certain defendant, where the first premise is that the defendant caused harm, the second premise is that the defendant had a duty of care, and the conclusion is that the defendant is liable. Then the following impossibility theorem holds for the collective judgments: No aggregation procedure exists that generates collective judgments from individual judgments that satisfies both the constraint of rationality plus the following three conditions: (a) universal domain, (b) anonymity, and (c) systematicity (List and Pettit 2002). Universal domain is the condition that a procedure accepts as admissible input any possible combinations of complete and consistent individual judgments on the propositions. Furthermore, the parties have added provisions that encourage alternatives to arbitration, such as mediation and consultation.

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