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Author: Edward E. Zajac
Publisher:
ISBN:
Category : Public utilities
Languages : en
Pages : 152
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Author: Barbara Ann White
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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This article provides resolutions to a number of conundrums that have vexed policy-makers and scholars for some decades. The most significant conclusion is that efficiency and fairness concerns do not conflict but rather mutually support each other in the goal of maximizing social welfare. This is contrary to the more widely-held view by both advocates of law and economic reasoning and those favoring deontological concerns that a trade-off between fairness and efficiency is inevitable. This article demonstrates how the coalescence of the two frameworks, the cultivation of fairness with law and economics' efficiency maximization, yields greater enhancements of social welfare than efficiency alone, by simultaneously satisfying the criteria of both. The analysis also points out that more than one state of the world likely exists that satisfies both sets of criteria and the selection is political, not determined by any objective criteria, but chosen by the subjective criteria of the decision-maker. This article also discusses Kaplow and Shavell's noted and contrary assertion that a rigourous demonstration (with mathematical formality) shows that fairness concerns should never enter as an independent factor when policy makers seek to maximize social welfare. I show, however, that Kaplow and Shavell's conclusion rests on a mathematical construction of fairness that essentially strips it of all social-welfare enhancing properties, which does not comport with usual notions and purposes of fairness. It is this faulty mathematical construction that leads them to the conclusions they reach. The indeterminacy inherent in the Pareto efficiency criteria leading to multiple efficient states not only characterizes efficiency analysis's limitations but also delineates the scope for deontological choices. This article shows that a decision regarding efficient states necessarily requires deontological decisions; deontological decisions do not substitute for efficiency but compliment it. Finally, the concept of “parameters of fairness” is introduced as a means to circumscribe the maximum efficient states that are also maximum fairness states. Considering excessive corporate harm by way of example, a matter mainstream economic analysis has failed to resolve, I employ feminist legal theory as the deontological construct to yield a range of satisfactory efficient and fair resolutions. Though any deontological system would do, the conflation of feminist legal theory and law and economic analysis is particularly significant because, historically, supporters in each camp have been diametrically opposed to the tenets of the other.
Author: Edward E. Zajac
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 152
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Author: Werner Güth
Publisher:
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Category :
Languages : en
Pages : 16
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Author: Daniel Friedman
Publisher:
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Category : Economics
Languages : en
Pages : 48
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Author: Lee Anne Fennell
Publisher: Edward Elgar Publishing
ISBN: 9781781005293
Category : Cost effectiveness
Languages : en
Pages : 0
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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.
Author: Edward E. Zajac
Publisher: MIT Press
ISBN: 9780262740197
Category : Business & Economics
Languages : en
Pages : 348
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This work questions how governments should balance the aims of justice and economic efficiency when intervening in the economy. It covers the main advances of fairness theory and reviews the experimental work of economists as well as the more standard approaches of moral philosophers.
Author: Shi-Ling Hsu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Like many other areas of law, the development of environmental law has been strongly influenced by notions of fairness. This should not be surprising, since environmental law has been developed by lawyers, who are self-selected to be fairness-oriented and trained to think in terms of fairness. While large environmental gains have been achieved in the thirty-year history of environmental law, progress seems to have reached a plateau. Partisanship has poisoned the debate on how best to proceed in making further environmental progress. I attribute the failings and the current stalemate in environmental law to our obsession with fairness. Fairness-thinking has created a culture where stakeholders are conditioned to make self-serving arguments, not considered judgments about the public interest. While this is true in many areas of law, this has become especially troubling in environmental law. I propose that environmental law and policymakers pay more attention to efficiency arguments and efficiency-thinking. While I do not propose a tyranny of economists to supplant fairness-thinking, I argue that efficiency-thinking can provide an important complement to the fairness-thinking that has dominated environmental law and policy. This article explores the theoretical arguments for fairness-based and efficiency-based programs, and examines the empirical support for some of these arguments. The theoretical arguments for an increased role for efficiency-thinking are quite clear. The evidence for more efficiency-based environmental regulation is somewhat thin, but with some important caveats, vindicates the economic theory in support of efficiency-based regulation.
Author: Masahiro Yoshida
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Monopolists often exploit a deadline to boost their bargaining power, but historically, experiments document significant compromises in ultimatums. Motivated by this gap between theory and the real world, I explore whether the market designer can leverage the fairness of the monopolist to restore the extracted bargaining efficiency. Employing a durable goods monopolist model under a deadline, I show that a threat of an earlier breakdown facilitates a trade by triggering a compromise even from the rational monopolist. I test these insights in approximately 1,200 pieces of randomly matched trade data from a laboratory experiment to find that the threat device is even more robustly effective; a non-zero threat augments the overall efficiency from shrinking delays until agreement and deterring breakdowns by inciting the fairness of monopolists.
Author: George Miller
Publisher: Policy Press
ISBN: 9781861342218
Category : Distributive justice
Languages : en
Pages : 488
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This book offers a major new analysis of the political economy in Britain over the past 1,000 years. The author demonstrates an impressive and thorough knowledge of law, economics, politics, medicine and social history. The assessment of the privatisation of the public income and its consequences represents an astonishing tour-de-force.On fairness and efficiency:engages in a wide-ranging sweep of history from pre-Norman times to the present;gives a lucid explanation of the complex economic and political history of Britain that has given rise to the present state of Welfare Capitalism;has great contemporary relevance.·[vbTab]The fundamental links between the distributions of health and wealth in society is of concern to the medical profession, public health professionals, welfare economists, political scientists/politicians, moralists and philosophers.
Author:
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ISBN: 9781784714437
Category :
Languages : en
Pages :
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