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Fairness versus Welfare Book

Fairness versus Welfare
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  • Fairness versus Welfare
  • Written by author Louis Kaplow
  • Published by Harvard University Press, April 2002
  • 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
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Authors

Prologue
Acknowledgments
Pt. 1Framework
IIntroduction3
IIWelfare Economics and Notions of Fairness15
AWelfare Economics15
BNotions of Fairness38
COverview of Our Argument52
DNotions of Fairness and Social Norms62
Pt. 2Analysis
IIITorts85
AWelfare Economics and Tort Law86
BNotions of Fairness and Tort Law86
CWelfare Economics versus Fairness in Paradigmatic Accident Situations99
DWelfare Economics versus Fairness in Paradigmatic Accident Situations: The Case in Which Harm Is Uncertain123
EThe Appeal of Notions of Fairness and Its Implications134
FThe Extent to Which the Use of Notions of Fairness Has Led Us Astray148
IVContracts155
AWelfare Economics and the Enforcement of Contracts155
BNotions of Fairness and the Enforcement of Contracts156
CWelfare Economics versus Fairness and the Enforcement of Contracts172
DAdditional Considerations213
VLegal Procedure225
AAbility to Bring Suit227
BAccuracy in Adjudication248
CAdditional Reasons Why Legal Procedures May Be Valued275
VILaw Enforcement291
AWelfare Economics and Law Enforcement292
BNotions of Fairness and Law Enforcement294
CWelfare Economics versus Fairness and Law Enforcement317
DThe Appeal of Notions of Fairness and Its Implications352
EThe Extent to Which the Use of Notions of Fairness Has Led Us Astray373
Pt. 3Extensions
VIIOn the Use of Notions of Fairness and Welfare Economics by Different Types of Actors381
AOrdinary Individuals382
BLegal Academics383
CGovernment Decisionmakers396
VIIIComments on the Breadth and Soundness of Welfare Economics403
ADesign of Legal Institutions404
BPreferences and Individuals' Well-Being409
CBad Luck and Inequality436
DAdditional Concerns about the Application of Welfare Economics449
IXConclusion465
References475
Index511


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