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Is Exclusivity of Efficiency-Based Goals in Accident Law Desirable?

The Lawyer Quarterly, 2014, Vol. 4, No. 1

16 Pages Posted: 15 Mar 2014  

Jan Broulík

Tilburg University, Tilburg Law School, Tilburg Law and Economics Center (TILEC); Charles University in Prague, Faculty of Law

Date Written: 2013

Abstract

Author concerns himself with the question whether it is desirable that law only promotes economic goals. Acceptance of Posner’s wealth maximization principle implicitly leads also to acceptance of current distribution of wealth and income. Calabresi doubts that acceptance of the latter is desirable and suggests that it is necessary, by means of social agreement, to define what distribution of wealth and income we consider desirable (just). Author focuses on the field of accident law and depicts the disagreement between Posner and Calabresi on the example of accidents of cars and cyclists. Author concludes that Calabresi’s argumentation is more persuasive.

Keywords: efficiency, wealth effect, Law and Economics, accident law

JEL Classification: K00, K13

Suggested Citation

Broulík, Jan, Is Exclusivity of Efficiency-Based Goals in Accident Law Desirable? (2013). The Lawyer Quarterly, 2014, Vol. 4, No. 1. Available at SSRN: https://ssrn.com/abstract=2408767

Jan Broulík (Contact Author)

Tilburg University, Tilburg Law School, Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Netherlands

Charles University in Prague, Faculty of Law ( email )

Prague
Czech Republic

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