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Preference, Well-Being, and Morality in Social Decisions

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  • Lewis A. Kornhauser

Abstract

Fairness versus Welfare evaluates the strategy of incorporation that Louis Kaplow and Steven Shavell use to defend the exclusive use of welfarist criteria in the evaluation of legal rules and institutions. The strategy of incorporation includes every concern that motivates the agent with the agent’s preference ordering. More specifically, this extended preference ordering encompasses her concerns arising from deontological constraints and consideration of justice. The essay argues that a strategy of incorporation presents two difficulties for an analyst committed to welfarist evaluation. First, incorporating concerns about rights does not resolve the tension between ex ante and ex post evaluation of institutions. Second, extended preferences should not be aggregated as welfarism directs. The strategy of incorporation ignores the distinction between “preference” (narrowly understood) and “judgment.”

Suggested Citation

  • Lewis A. Kornhauser, 2003. "Preference, Well-Being, and Morality in Social Decisions," The Journal of Legal Studies, University of Chicago Press, vol. 32(1), pages 303-329, January.
    • Handle: RePEc:ucp:jlstud:v:32:y:2003:p:303-329
    DOI: 10.1086/345569
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    1. Sen, Amartya Kumar, 1970. "The Impossibility of a Paretian Liberal," Scholarly Articles 3612779, Harvard University Department of Economics.
    2. Sen, Amartya, 1970. "The Impossibility of a Paretian Liberal," Journal of Political Economy, University of Chicago Press, vol. 78(1), pages 152-157, Jan.-Feb..
    3. Mark J. Schervish & Teddy Seidenfeld & Joseph B. Kadane, 1991. "Shared Preferences and State-Dependent Utilities," Management Science, INFORMS, vol. 37(12), pages 1575-1589, December.
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    Cited by:

    1. Landeo, Claudia M. & Nikitin, Maxim, 2018. "Financially-constrained lawyers: An economic theory of legal disputes," Games and Economic Behavior, Elsevier, vol. 109(C), pages 625-647.

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