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Why Be Fair When You Can Have Welfare?

10 Pages Posted: 28 Aug 2003  

Date Written: 2003

Abstract

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.

Suggested Citation

D'Amato, Anthony, Why Be Fair When You Can Have Welfare? (2003). Northwestern Public Law Research Paper No. 03-14. Available at SSRN: https://ssrn.com/abstract=428660 or http://dx.doi.org/10.2139/ssrn.428660

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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