Fairness Versus Welfare.

Intro -- CONTENTS -- Prologue -- Acknowledgments -- PART ONE: FRAMEWORK -- I. Introduction -- II. Welfare Economics and Notions of Fairness -- A. Welfare Economics -- 1. Individuals' Well-Being -- 2. Social Welfare and Individuals' Well-Being -- 3. Comments on Social Welfare and the Distribution of Income -- 4. Concluding Remark -- B. Notions of Fairness -- 1. The Basic Nature of Notions of Fairness -- 2. Further Comments on Notions of Fairness -- C. Overview of Our Argument -- 1. The Argument for Welfare Economics and against Notions of Fairness -- 2. On the Rationale for Notions of Fairness -- D. 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 in Paradigmatic Accident Situations: The Case in Which Harm Is Uncertain -- 1. Reciprocal Accidents -- 2. Nonreciprocal Accidents -- E. The Appeal of Notions of Fairness and Its Implications -- 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. Additional Considerations -- 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. Ability to Bring Suit -- 1. Welfare Economics and the Ability to Bring Suit -- 2. Notions of Fairness and the Ability to Bring Suit -- 3. Description of a Basic Case -- 4. Effects of the Legal Rules -- 5. Normative Assessment -- 6. The Appeal of Notions of Fairness and Its Implications -- 7. Remarks on the Generality of Our Results -- 8. The Extent to Which the Use of Notions of Fairness Has Led Us Astray -- B. 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 the Benefit of Inducing Behavior in Accordance with Legal Rules -- 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 -- C. Additional Reasons Why Legal Procedures May Be Valued -- 1. Possible Tastes for Procedural Fairness -- 2. Other Ways in Which Procedures May Enhance Individuals' Well-Being -- VI. Law Enforcement -- A. Welfare Economics and Law Enforcement -- B. Notions of Fairness and Law Enforcement -- 1. Notions of Fairness -- 2. Comments on the Literature -- C. Welfare Economics versus Fairness and Law Enforcement -- 1. Fair Punishment and Deterrence in a Paradigm Case -- 2. Variation of the Paradigm Case: Different Crimes -- 3. Variation of the Paradigm Case: Imperfect Deterrence -- 4. Variation of the Paradigm Case: Punishment of the Innocent -- D. The Appeal of Notions of Fairness and Its Implications.

1. The Origins and Functions of Notions of Fairness -- 2. Implications for the Role of Notions of Fairness in 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 Types of Actors -- A. Ordinary Individuals -- B. Legal Academics -- 1. The Appeal of Notions of Fairness to Legal Academics -- 2. Why Legal Academics Should Be Guided by Welfare Economics -- 3. Reminder of the Ways in Which Notions of Fairness Are Relevant for Legal Policy Analysis 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 on Individuals' Decisionmaking -- 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 the Application of Welfare Economics -- 1. Difficulty in Valuing Life, Pain and Suffering, and Other Nonpecuniary Factors -- 2. Omission of "Soft" Variables -- 3. Possible Costs of Permitting Market Trade -- 4. Indeterminacy -- 5. The Difficulty of Predicting the Behavior of Individuals, Who Are Not Always Rational Maximizers of Their Own Well-Being -- IX. Conclusion -- References -- Index.

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. It has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.