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Deontological Morality and Economic Analysis of Law

Oxford Handbook of Ethics and Economics (Mark D. White ed., Forthcoming)

22 Pages Posted: 16 Nov 2017  

Eyal Zamir

Hebrew University of Jerusalem - Faculty of Law

Barak Medina

Hebrew University of Jerusalem - Faculty of Law

Date Written: November 12, 2017

Abstract

Welfare economics—the normative branch of economics—is a consequentialist moral theory. Unlike deontological morality, at least in its basic form it attributes no intrinsic value to prohibitions on active or intentional harming of other people, lying, or promise breaking, and does not allow people to prioritize their own interests over the overall good.

This contribution to the forthcoming Oxford Handbook of Ethics and Economics critically examines several methods of incorporating deontological constraints and options into welfare economics, including economic analysis of law.

Keywords: cost-benefit analysis, welfare economics, moral constraints, deontology, threshold deontology, merit goods, consequentialism, utilitarianism, antidiscrimination, Calabresi

JEL Classification: A11, A12, A13, D61, D63, D78, K00, K2, K31

Suggested Citation

Zamir, Eyal and Medina, Barak, Deontological Morality and Economic Analysis of Law (November 12, 2017). Oxford Handbook of Ethics and Economics (Mark D. White ed., Forthcoming). Available at SSRN: https://ssrn.com/abstract=3069701

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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