Incommensurability and Valuation in Law

83 Pages Posted: 6 May 2020

See all articles by Cass R. Sunstein

Cass R. Sunstein

Harvard Law School; Harvard University - Harvard Kennedy School (HKS)

Date Written: 1994

Abstract

In this article I explore two claims and discuss their implications for law. The first claim is that human values are plural and diverse. By this I mean that we value things, events, and relationships in ways that are not reducible to some larger and more encompassing value. The second claim is that human goods are not commensurable. By this I mean that such goods are not assessed along a single metric. For reasons to be explored, the two claims, though related, are importantly different.

Suggested Citation

Sunstein, Cass R., Incommensurability and Valuation in Law (1994). Michigan Law Review, Vol. 92, No. 4, 1994, Harvard Public Law Working Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3588337 or http://dx.doi.org/10.2139/ssrn.3588337

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