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Preaching to the choir: A response to Kaplow and Shavell's Fairness Versus Welfare

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  • Mark White

Abstract

This note is a critical response to Louis Kaplow and Steven Shavell's recent treatise on law and economics, Fairness Versus Welfare, in which they argue that legal decision-making should be conducted with the sole goal of welfare-maximization. After a brief summary of the book, this paper focuses on three primary problems with its contents and approach. First, the tautological nature of the authors' argument, which they acknowledge but downplay is discussed. Second, it is argued that while the authors give lip-service to 'tastes for fairness,' they refuse to acknowledge the implications of such preferences for their conclusions and then minimize their possible importance. Finally, this paper addresses what is possibly the most disappointing aspect of this work: the arrogance, condescension, and intolerance displayed throughout the book toward those with dissenting views.

Suggested Citation

  • Mark White, 2004. "Preaching to the choir: A response to Kaplow and Shavell's Fairness Versus Welfare," Review of Political Economy, Taylor & Francis Journals, vol. 16(4), pages 507-515.
    • Handle: RePEc:taf:revpoe:v:16:y:2004:i:4:p:507-515
    DOI: 10.1080/revpoe0953825042000271720
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    References listed on IDEAS

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    1. Louis Kaplow & Steven Shavell, 2003. "Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 331-362, January.
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    Cited by:

    1. Mark White, 2006. "A Kantian critique of neoclassical law and economics," Review of Political Economy, Taylor & Francis Journals, vol. 18(2), pages 235-252.
    2. Mark D. White, 2018. "The neglected nuance of Beccaria’s theory of punishment," European Journal of Law and Economics, Springer, vol. 46(3), pages 315-329, December.

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