10 Pages Posted: 28 Aug 2003
Date Written: 2003
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: 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