376 Seiten, Gebunden, Format (B × H): 156 mm x 234 mm, Gewicht: 703 g
Verlag: OXFORD UNIV PR
Zamir / Medina Law, Economics, and MoralityThe first attempt to bridge the gap between economic analysis and common sense morality
Addresses the legitimacy of employing cost-benefit analysis (CBA) by agencies, including the advantages of using CBA and the importance of adding moral constraints to it
Discusses the legitimacy and appropriate scope of anti-terrorist measures, such as targeted killings
Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable.
Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision.
Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing ist methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions.
Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.
Lawyers, law professors, economists, policy-makers, librarians.
Weitere Infos & Material
Part One: Theory
Chapter 1. The Consequentialist Nature of Economics Analysis
Chapter 2. Threshold Deontology and Its Critique
Chapter 3. Private and Public Morality
Chapter 4. Constructing Threshold Functions
Chapter 5. Addressing Possible Objections
Part Two: Applications
Chapter 7. Freedom of Speech
Chapter 8. Antidiscrimination Law
Chapter 9. Contract Law
Chapter 10. Legal Paternalism