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Book Categories |
Prologue | ||
Acknowledgments | ||
Pt. 1 | Framework | |
I | Introduction | 3 |
II | Welfare Economics and Notions of Fairness | 15 |
A | Welfare Economics | 15 |
B | Notions of Fairness | 38 |
C | Overview of Our Argument | 52 |
D | Notions of Fairness and Social Norms | 62 |
Pt. 2 | Analysis | |
III | Torts | 85 |
A | Welfare Economics and Tort Law | 86 |
B | Notions of Fairness and Tort Law | 86 |
C | Welfare Economics versus Fairness in Paradigmatic Accident Situations | 99 |
D | Welfare Economics versus Fairness in Paradigmatic Accident Situations: The Case in Which Harm Is Uncertain | 123 |
E | The Appeal of Notions of Fairness and Its Implications | 134 |
F | The Extent to Which the Use of Notions of Fairness Has Led Us Astray | 148 |
IV | Contracts | 155 |
A | Welfare Economics and the Enforcement of Contracts | 155 |
B | Notions of Fairness and the Enforcement of Contracts | 156 |
C | Welfare Economics versus Fairness and the Enforcement of Contracts | 172 |
D | Additional Considerations | 213 |
V | Legal Procedure | 225 |
A | Ability to Bring Suit | 227 |
B | Accuracy in Adjudication | 248 |
C | Additional Reasons Why Legal Procedures May Be Valued | 275 |
VI | Law Enforcement | 291 |
A | Welfare Economics and Law Enforcement | 292 |
B | Notions of Fairness and Law Enforcement | 294 |
C | Welfare Economics versus Fairness and Law Enforcement | 317 |
D | The Appeal of Notions of Fairness and Its Implications | 352 |
E | The Extent to Which the Use of Notions of Fairness Has Led Us Astray | 373 |
Pt. 3 | Extensions | |
VII | On the Use of Notions of Fairness and Welfare Economics by Different Types of Actors | 381 |
A | Ordinary Individuals | 382 |
B | Legal Academics | 383 |
C | Government Decisionmakers | 396 |
VIII | Comments on the Breadth and Soundness of Welfare Economics | 403 |
A | Design of Legal Institutions | 404 |
B | Preferences and Individuals' Well-Being | 409 |
C | Bad Luck and Inequality | 436 |
D | Additional Concerns about the Application of Welfare Economics | 449 |
IX | Conclusion | 465 |
References | 475 | |
Index | 511 |
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