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Law, Economics, and Morality: Response to Critiques

41 Pages Posted: 20 Jun 2011 Last revised: 1 Apr 2016

Eyal Zamir

Hebrew University of Jerusalem - Faculty of Law

Barak Medina

Hebrew University of Jerusalem - Faculty of Law

Date Written: 2011

Abstract

In our book, Law, Economics, and Morality (OUP, 2010), we proposed to combine economic methodology and deontological morality through explicit incorporation of moral constraints into economic models. We argued that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. We then illustrated the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, the fight against terrorism, and legal paternalism.

In this paper, we respond to critical reviews of the book written by Professors Larry Alexander, Ariel Porat, and Avihay Dorfman. Among other things, we clarify the scope and goals of the book, elucidate the relationships between deontology and consequentialism, discuss the relationships between deontological constraints and options, and address various issues in contract law and remedies.

Keywords: consequentialism, contract law, contract remedies, cost-benefit analysis, moral constraints, normaitve ethics, threshold deontology, welfare economics

JEL Classification: A11, A12, A13, D61, D63, D78, K00, K12, K31

Suggested Citation

Zamir, Eyal and Medina, Barak, Law, Economics, and Morality: Response to Critiques (2011). Jerusalem Review of Legal Studies, Vol. 3, p. 107, 2011 . Available at SSRN: https://ssrn.com/abstract=1867186

Eyal Zamir (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus, 91905
Israel
+972 2 582 3845 (Phone)
+972 2 582 9002 (Fax)

Barak Medina

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus, 91905
Israel

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