Fairness versus Welfare


Book Description

By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.




Notions of Fairness Versus the Pareto Principle


Book Description

A response to Howard Chang's article, A liberal theory of social welfare : fairness, utility, and the Pareto principle. (Yale Law Journal, vol. 110, no. 2 (Nov. 2000)).




A Theory of Justice


Book Description

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.




The Belmont Report


Book Description




Fairness in Law and Economics


Book Description

Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.




Some Sound and Fury from Kaplow and Shavell


Book Description

In Fairness versus Welfare, Harvard legal economists Louis Kaplow and Steven Shavell argue that legal policy making should be based on social welfare, not fairness. In this review article, I claim that the authors fail to provide arguments for critical assumptions, create problems with fairness theories that do not exist, and most significantly, present an argument at war with itself. In Section I, I aver that Kaplow and Shavell's paradigmatic situation hypotheticals, supposedly convincing the reader that fairness makes everyone worse off, fail at the inception. Kaplow and Shavell simply beg all the important questions. Next, I address their substantive critique of fairness theories, wherein they complain that fairness theories are incomplete and incomprehensible, and demonstrate that the unfortunate structure of their analysis creates the very incompleteness that they criticize. In Section II, I discuss Kaplow and Shavell's attempt to explain away fairness as a proxy for welfare, and show this argument to rest on a non sequitur. In Section III, I demonstrate that, even assuming that fairness is a proxy for welfare, this position cannot be squared with Kaplow and Shavell's accommodation of a taste for fairness. In Section IV, I conclude that despite the passion of the authors, the thoroughness of the research, and the breadth of the discussion, in the end, the book is nothing but sound and fury.




Fairness


Book Description

In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists.




Rawls's Egalitarianism


Book Description

A new analysis of John Rawls's theory of distributive justice, focusing on the ways his ideas have both influenced and been misinterpreted by the current egalitarian literature.




Fairness, Responsibility, and Welfare


Book Description

Develops a theory of fairness incorporating a concern for personal responsibility, opportunities and freedom, and makes accessible the recent developments in economics and philosophy that define social justice in terms of equal opportunities.