Fairness versus welfare / Louis Kaplow, Steven Shavell.
2002
K247 .K37 2002 (Map It)
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Author
Title
Fairness versus welfare / Louis Kaplow, Steven Shavell.
Published
Cambridge, Mass. : Harvard University Press, 2002.
Call Number
K247 .K37 2002
ISBN
0674006224 (alk. paper)
Description
xxii, 544 pages ; 26 cm
System Control No.
(OCoLC)48100330
Bibliography, etc. Note
Includes bibliographical references (pages [475]-509) and index.
Record Appears in
Added Author
Table of Contents
Prologue
Acknowledgments
Pt. 1
Framework
IIntroduction
3
IIWelfare 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
IIITorts
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
IVContracts
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
VLegal Procedure
225
A Ability to Bring Suit
227
B Accuracy in Adjudication
248
C Additional Reasons Why Legal Procedures May Be Valued
275
VILaw 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
VIIOn 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
VIIIComments 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
IXConclusion
465
References
475
Index
511