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Fairness versus Welfare
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A book that has been read, but is in good condition. Minimal damage to the book cover eg. scuff marks, but no holes or tears. If this is a hard cover, the dust jacket may be missing. Binding has minimal wear. The majority of pages are undamaged with some creasing or tearing, and pencil underlining of text, but this is minimal. No highlighting of text, no writing in the margins, and no missing pages. See the seller’s listing for full details and description of any imperfections.
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Item specifics
- Condition
- Release Year
- 2002
- ISBN
- 9780674006225
About this product
Product Identifiers
Publisher
Harvard University Press
ISBN-10
0674006224
ISBN-13
9780674006225
eBay Product ID (ePID)
1943435
Product Key Features
Book Title
Fairness Versus Welfare
Number of Pages
576 Pages
Language
English
Topic
General
Publication Year
2002
Illustrator
Yes
Genre
Law, Philosophy, Business & Economics
Format
Hardcover
Dimensions
Item Weight
38.2 Oz
Item Length
10 in
Item Width
6.4 in
Additional Product Features
Intended Audience
Trade
LCCN
2001-051527
Dewey Edition
21
Reviews
This is an extremely careful and complete analysis of issues relating to the proper norms for policy analysis. For those of us who use welfare economics in our analyses, this provides a well argued justification and a set of arguments we can use to defend our position. For those who do not, this book provides a serious challenge, and one which must be addressed., [Kaplow and Shavell] challenge [the] conventional wisdom. They argue that what matters most is whether a particular policy promotes the general welfare, saying "we discover very little basis for the use of notions of fairness as independent evaluative principles"...Fairness Versus Welfare is academically rigorous and intellectually challenging. Kaplow and Shavell have rolled a philosophical hand grenade into the practical world of policy., Fairness versus Welfare aspires to be the new manifesto for normative law and economics...This new brief for normative law and economics is, substantively, a genuine advance over the traditional commitment to wealth maximization., [Kaplow and Shavell] challenge [the] conventional wisdom. They argue that what matters most is whether a particular policy promotes the general welfare, saying "we discover very little basis for the use of notions of fairness as independent evaluative principles"... Fairness Versus Welfare is academically rigorous and intellectually challenging. Kaplow and Shavell have rolled a philosophical hand grenade into the practical world of policy., Kaplow and Shavell...coauthored this interdisciplinary and systematic study that addresses the issue of what philosophical standards are preferable in the formulation and assessment of public policy, particularly a legal system...Their work aims to identify key normative moral principles that may defensibly be used to assess legal policy and rules. The book's main thesis is that a welfare-based norm (how the overall well-being of individuals is effected) should be used both to justify the selection of legal rules and in normative legal analysis generally...The authors display a masterful command of the relevant scholarly literature...Highly recommended.
Dewey Decimal
340/.11
Table Of Content
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 (a) Meaning (b) Nonconsequentialist Character (c) Ex Post Character (d) Concluding Remark 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 (a) Description (b) Effects of the Legal Rules (c) Choice of Legal Rules Using Welfare Economics (d) Choice of Legal Rules Using Notions of Fairness (e) Why the Choice of Legal Rules Should Be Based Only on Individuals' Well-Being (i) The Argument for Welfare Economics and against Notions of Fairness (ii) Comments on the Literature (iii) The Significance of the Possibility That All Individuals May Be Made Worse Off under Any Notion of Fairness (f) The Apparent Mootness of Concerns for Fairness 2. Nonreciprocal Accidents (a) Description (b) Effects of the Legal Rules (c) Choice of Legal Rules Using Welfare Economics (d) Choice of Legal Rules Using Notions of Fairness (e) Why the Choice of Legal Rules Should Be Based Only on Individuals' Well-Being D. Welfare Economics versus Fairness in Paradigmatic Accident Situations: The Case in Which Harm Is Uncertain 1. Reciprocal Accidents (a) Description (b) Effects of the Legal Rules (c) Choice of Legal Rules Using Welfare Economics (d) Choice of Legal Rules Using Notions of Fairness (e) Why the Choice of Legal Rules Should Be Based Only on Individuals' Well-Being (f) The Foregoing Reconsidered When Insurance Is Not Purchased (i) Victims Uninsured (ii) Injurers Uninsured 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 (a) Description (b) Examination of Different Contracts (c) Effects of the Legal Rules (d) Choice of Legal Rules Using Welfare Economics (e) Choice of Legal Rules Using Notions of Fairness (f) Why the Choice of Legal Rules Should Be Based Only on Individuals
Synopsis
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.
LC Classification Number
K247.K37 2002
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- t***l (2229)- Feedback left by buyer.Past monthVerified purchaseItem arrived exactly as described and was extremely well packaged. I would Highly recommend and purchase from this seller again. Great seller communication. They are an asset to the eBay community!!
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Seller Feedback (12,972)
- t***l (2229)- Feedback left by buyer.Past monthVerified purchaseItem arrived exactly as described and was extremely well packaged. I would Highly recommend and purchase from this seller again. Great seller communication. They are an asset to the eBay community!!
- 1***a (292)- Feedback left by buyer.Past 6 monthsVerified purchaseAA++! great seller , reasonable price ! shipped fast and packaged well for protection , was in exactly as described condition , very pleased , thanks so much !!
- a***c (2017)- Feedback left by buyer.Past monthVerified purchaseGreat seller! Packaged well. Excellent condition. Fast shipping. Fair price. Exactly as described! Would recommend!