Why Be Fair When You Can Have Welfare?
Northwestern University - Pritzker School of Law
Northwestern Public Law Research Paper No. 03-14
The Kaplow/Shavell thesis can be simply stated: If courts or legislatures pursue any value other than general public welfare, then welfare is to that extent diminished. Justice is one of those values that detract from welfare. But so too is injustice. Hence their entire thesis is a tautology.
Number of Pages in PDF File: 10
Date posted: August 28, 2003