Fairness versus Welfare

Fairness versus Welfare
Author: Louis Kaplow
Publisher: Harvard University Press
Total Pages: 569
Release: 2009-07-01
Genre: Philosophy
ISBN: 0674039319

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.

Fairness in Law and Economics

Fairness in Law and Economics
Author: Lee Anne Fennell
Publisher: Edward Elgar Publishing
Total Pages: 0
Release: 2013
Genre: Cost effectiveness
ISBN: 9781781005293

Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.

Issues in Law and Economics

Issues in Law and Economics
Author: Harold Winter
Publisher: University of Chicago Press
Total Pages: 0
Release: 2017-01-27
Genre: Business & Economics
ISBN: 9780226249599

Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? With Issues in Law and Economics, Harold Winter takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts.

Foundations of Economic Analysis of Law

Foundations of Economic Analysis of Law
Author: Steven Shavell
Publisher: Harvard University Press
Total Pages: 760
Release: 2009-07-01
Genre: Law
ISBN: 0674043499

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Research Handbook on the Law and Economics of Competition Enforcement

Research Handbook on the Law and Economics of Competition Enforcement
Author: Kokkoris, Ioannis
Publisher: Edward Elgar Publishing
Total Pages: 507
Release: 2022-08-16
Genre: Law
ISBN: 1789903793

This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.

Proactive Policing

Proactive Policing
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 409
Release: 2018-03-23
Genre: Law
ISBN: 0309467136

Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.

Handbook of law and economics

Handbook of law and economics
Author: A. Mitchell Polinsky
Publisher: Elsevier
Total Pages: 981
Release: 2007
Genre: Droit
ISBN: 0444531203

"Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions - for example, by encouraging individuals to take proper precautions to prevent accidents or by discouraging competitors from colluding to raise prices. The incentives created by the legal system are thus a natural subject of study by economists. Moreover, given the importance of law to the welfare of societies, the economic analysis of law merits prominent treatment as a subdiscipline of economics. This two volume Handbook is intended to foster the study of the legal system by economists. The two volumes form a comprehensive and accessible survey of the current state of the field. Chapters prepared by leading specialists of the area. Summarizes received results as well as new developments."--[Source inconnue].

Stanford Law Review: Volume 63, Issue 1 - December 2010

Stanford Law Review: Volume 63, Issue 1 - December 2010
Author: Stanford Law Review
Publisher: Quid Pro Books
Total Pages: 372
Release: 2011-01-20
Genre: Law
ISBN: 1610270479

One of the leading and most-read law journals adds multiple digital editions to its worldwide distribution. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by scholars Ryan Scott (on sentencing disparity), Scott Hershovitz (what Harry Potter means to torts), Robert Cooter & Neil Siegel (collective federalism), and Brian Galle & Jonathan Klick (alternative minimum tax). Volume 63, Issue 1's contents include: "Inter-Judge Sentencing Disparity After Booker: A First Look," by Ryan W. Scott "Harry Potter and the Trouble with Tort Theory," by Scott Hershovitz "Collective Action Federalism: A General Theory of Article I, Section 8," by Robert D. Cooter & Neil S. Siegel "Recessions and the Social Safety Net: The Alternative Minimum Tax as a Countercyclical Fiscal Stabilizer," by Brian Galle & Jonathan Klick

The Optimal Enforcement of EC Antitrust Law:A Study in Law and Economics

The Optimal Enforcement of EC Antitrust Law:A Study in Law and Economics
Author: Wouter Wils
Publisher: Kluwer Law International B.V.
Total Pages: 340
Release: 2002-02-13
Genre: Business & Economics
ISBN: 9041117571

This text provides clear answers to the major questions concerning the modernization of EC antitrust enforcement such as: should a notification system be maintained, or should the antitrust rules be enforced exclusively through deterrence?; and at what levels should fines be set?

The New Palgrave Dictionary of Economics

The New Palgrave Dictionary of Economics
Author:
Publisher: Springer
Total Pages: 7493
Release: 2016-05-18
Genre: Law
ISBN: 1349588024

The award-winning The New Palgrave Dictionary of Economics, 2nd edition is now available as a dynamic online resource. Consisting of over 1,900 articles written by leading figures in the field including Nobel prize winners, this is the definitive scholarly reference work for a new generation of economists. Regularly updated! This product is a subscription based product.