Sale!

Fairness versus Welfare 1st Edition by Louis Kaplow, Steven Shavell ISBN 9780674006225 0674006224

Original price was: $50.00.Current price is: $35.00.

Fairness versus Welfare 1st Edition Louis Kaplow Digital Instant Download

Author(s): Louis Kaplow, Steven Shavell.
ISBN(s): 9780674006225, 0674006224
Edition: 1
File Details: PDF, 2.36 MB
Year: 2009
Language: english
SKU: EB-51674694 Categories: , Tags: ,

Fairness versus Welfare 1st Edition by Louis Kaplow, Steven Shavell – Ebook PDF Instant Download/Delivery: 9780674006225, 0674006224 
Full download Fairness versus Welfare 1st Edition   after payment

Product details: 

ISBN 10: 0674006224 

ISBN 13: 9780674006225

Author:  Louis Kaplow, Steven Shavell

By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers.How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy.Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
 

Table of contents: 

PART ONE: FRAMEWORK
I. Introduction
A. Welfare Economics
  1. Individuals’ Well-Being
  2. Social Welfare and Individuals’ Well-Being
  3. Comments on Social Welfare and the Distribution of Income
B. Notions of Fairness
  1. The Basic Nature of Notions of Fairness
  2. Further Comments on Notions of Fairness
  3. The Argument for Welfare Economics and against Notions of Fairness
  4. On the Rationale for Notions of Fairness
C. Notions of Fairness and Social Norms
  1. The Nature of Social Norms
  2. Implications for the Role of Notions of Fairness in Legal Policy Analysis

PART TWO: ANALYSIS
III. Torts
A. Welfare Economics and Tort Law
B. Notions of Fairness and Tort Law
  1. Notions of Fairness
  2. Comments on the Literature
C. Welfare Economics versus Fairness in Paradigmatic Accident Situations
  1. Reciprocal Accidents
  2. Nonreciprocal Accidents
D. Welfare Economics versus Fairness: Harm Is Uncertain
  1. Reciprocal Accidents
  2. Nonreciprocal Accidents
E. Social Norms and Notions of Fairness
  1. Social Norms and Notions of Fairness
  2. Implications for the Role of Notions of Fairness in Legal Policy Analysis
  3. Remark on the Concepts of Injurer and Victim
  4. Remark on the Ex Post Character of Notions of Fairness
F. The Extent to Which the Use of Notions of Fairness Has Led Us Astray

IV. Contracts
A. Welfare Economics and the Enforcement of Contracts
B. Notions of Fairness and the Enforcement of Contracts
  1. Promise-Keeping
  2. The View That Breach Is Akin to a Tort
  3. Further Comments on the Literature
C. Welfare Economics versus Fairness and the Enforcement of Contracts
  1. Complete Contracts
  2. Incomplete Contracts
D. Extensions
  1. Distribution of Income
  2. Advantage-Taking
  3. The Extent to Which the Use of Notions of Fairness Has Led Us Astray

V. Legal Procedure
A. Welfare Economics and the Ability to Bring Suit
B. Notions of Fairness and the Ability to Bring Suit
  1. Description of a Basic Case
  2. Effects of the Legal Rules
  3. Normative Assessment
  4. The Appeal of Notions of Fairness and Its Implications
  5. Remarks on the Generality of Our Results
  6. The Extent to Which the Use of Notions of Fairness Has Led Us Astray
C. Accuracy in Adjudication
  1. Welfare Economics and Accuracy in Adjudication
  2. Notions of Fairness and Accuracy in Adjudication
  3. Basic Case: Accuracy in Assessing Damages and Behavior Inducement
  4. Variations: Accuracy in Determining Damages
  5. Variations: Accuracy in Determining Liability
  6. Remarks
  7. The Extent to Which the Use of Notions of Fairness Has Led Us Astray
D. Broader Issues
  1. Possible Tastes for Procedural Fairness
  2. Other Ways in Which Procedures May Enhance Well-Being

VI. Law Enforcement
A. Welfare Economics and Law Enforcement
B. Notions of Fairness
  1. Comments on the Literature
C. Welfare Economics versus Fairness and Law Enforcement
  1. Fair Punishment and Deterrence in a Paradigm Case
  2. Variation: Different Crimes
  3. Variation: Imperfect Deterrence
  4. Variation: Punishment of the Innocent
D. The Appeal of Notions of Fairness and Its Implications
  1. Origins and Functions of Notions of Fairness
  2. Implications for Legal Policy Analysis
  3. Remark on the Ex Post Character of Notions of Fairness
E. The Extent to Which the Use of Notions of Fairness Has Led Us Astray

PART THREE: EXTENSIONS
VII. On the Use of Notions of Fairness and Welfare Economics by Different Actors
A. Ordinary Individuals
B. Legal Academics
  1. The Appeal of Notions of Fairness
  2. Why Legal Academics Should Be Guided by Welfare Economics
  3. Reminder of the Ways in Which Notions of Fairness Are Relevant under Welfare Economics
C. Government Decisionmakers

VIII. Comments on the Breadth and Soundness of Welfare Economics
A. Design of Legal Institutions
  1. Accuracy
  2. Controlling Government Officials’ Behavior
  3. Legitimacy of Legal Institutions
  4. Administrative Costs
B. Preferences and Individuals’ Well-Being
  1. Imperfect Information and Other Limitations
  2. The Effect of the Law on Preferences
  3. Trumping Objectionable Preferences
  4. Tastes for Notions of Fairness
C. Bad Luck and Inequality
  1. Bad Luck: Ex Ante versus Ex Post Evaluation
  2. Equality and Equal Treatment
D. Additional Concerns about Welfare Economics
  1. Valuing Life, Pain, and Nonpecuniary Factors
  2. Omission of “Soft” Variables
  3. Possible Costs of Market Trade
  4. Indeterminacy
  5. Predicting Behavior of Non-rational Individuals

IX. Conclusion

People also search for:

    
fairness versus equity
    
is fairness a value
    
is fairness a verb
    
are fairness and justice the same
    
benefits of fairness doctrine

Tags: Louis Kaplow, Steven Shavell, Fairness versus Welfare