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Fairness versus Welfare [Hardcover]

Louis Kaplow (Author), Steven Shavell (Author)
4.0 out of 5 stars  See all reviews (1 customer review)


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Book Description

0674006224 978-0674006225 April 30, 2002 1st
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. (20020809)


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Editorial Reviews

Review

[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. (Doug Bandow Washington Times )

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. (A. S. Rosenbaum Choice )

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. (Matthew Adler Ethics )

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. (Paul H. Rubin Public Choice )

Review

Patient, thorough, unfailingly lucid, the authors take apart, brick by brick, the edifice of the dominant school of modern moral and legal philosophy with its insistence that social policy as well as personal decision making be based on notions of fairness, right, and justice distinct from utility or welfare. They show that human welfare is a far better criterion, and that philosophers' (and many policy makers') fairness notions, rather than simply lying along a different track from welfare, would if implemented diminish it. They seek to reinterpret fairness, in line with its social and psychological roots, as compatible with rather than contradicting welfare. Their close and compelling engagement with the arguments of their opponents makes this a book that philosophers as well as policy analysts will find difficult to refute and impossible to ignore. (Richard A. Posner 20021201)

Product Details

  • Hardcover: 576 pages
  • Publisher: Harvard University Press; 1st edition (April 30, 2002)
  • Language: English
  • ISBN-10: 0674006224
  • ISBN-13: 978-0674006225
  • Product Dimensions: 10.2 x 6.7 x 1.4 inches
  • Shipping Weight: 2.4 pounds
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #2,391,124 in Books (See Top 100 in Books)

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12 of 15 people found the following review helpful:
4.0 out of 5 stars All the world's a utility function..., December 14, 2002
By 
Irum Hasan (new york, NY United States) - See all my reviews
This review is from: Fairness versus Welfare (Hardcover)
I would highly recommend this book for anyone interested in the foundational question of how we should evaluate legal rules. I should think that the book would be particularly useful for law students struggling to understand what makes their professors tick. The authors put forth perhaps the strongest case for economic analysis of law to date, daring to confront head on the BIG question of whether utilitarianism, or fairness for its own sake, should guide legal analysis. Unlike many economists, who bracket the fairness issue, the authors of Fairness versus Welfare rather daringly explore and defend the normativity of economic analysis. Hopefully, this book will better focus the debate between law and economics and rights theory. However, given the fact that its thesis is mistaken, the work's ultimate "utility" will depend largely on how actively fairness advocates respond!
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