Fairness in Law and Economics


Fairness in Law and Economics

9781781005293 Edward Elgar Publishing
Edited by Lee Anne Fennell, Max Pam Professor of Law and Herbert and Marjorie Fried Research Scholar, University of Chicago Law School, US and Richard H. McAdams, Bernard D. Meltzer Professor of Law and Aaron Director Research Scholar, University of Chicago Law School, US
Publication Date: 2014 ISBN: 978 1 78100 529 3 Extent: 896 pp
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.

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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.
Critical Acclaim
‘A growing literature probes the relationship between fairness and economic analysis, including work by luminaries such as Arrow and Sen. Fairness in Law and Economics provides an invaluable collection of the key papers on fairness by economists and legal scholars. This volume would be a great starting point for anyone interested in the field.’
– Daniel A. Farber, University of California at Berkeley, US
37 articles, dating from 1967 to 2011
Contributors include: E. Anderson, J. Elster, E. Fehr, B. Frey, D. Kahneman, L. Kaplow, M. Rabin, A. Sen, S. Shavell, H.P. Young


Introduction Lee Anne Fennell and Richard H. McAdams

A Fairness Preferences and Beliefs
1. Matthew Rabin (1993), ‘Incorporating Fairness into Game Theory and Economics’
2. Joseph Henrich, Robert Boyd, Samuel Bowles, Colin Camerer, Ernst Fehr, Herbert Gintis and Richard McElreath (2001), ‘In Search of Homo Economicus: Behavioral Experiments in 15 Small-Scale Societies’
3. Pamela Jakiela (2011), ‘Social Preferences and Fairness Norms as Informal Institutions: Experimental Evidence’
4. Armin Falk and Urs Fischbacher (2006), ‘A Theory of Reciprocity’
5. Jeffrey P. Carpenter (2007), ‘The Demand for Punishment’
6. Armin Falk, Ernst Fehr and Urs Fischbacher (2008), ‘Testing Theories of Fairness—Intentions Matter’
7. Alberto Alesina and George-Marios Angeletos (2005), ‘Fairness and Redistribution’

B Consequences of Fairness and Unfairness
1. Effects on Prices, Bargaining and Settlement
8. Daniel Kahneman, Jack L. Knetsch and Richard Thaler (1986), ‘Fairness as a Constraint on Profit-Seeking: Entitlements in the Market’
9. Linda Babcock, George Loewenstein, Samuel Issacharoff and Colin Camerer (1995), ‘Biased Judgments of Fairness in Bargaining’
10. Amy Farmer and Paul Pecorino (2004), ‘Pretrial Settlement with Fairness’

2. Effects on Legal Compliance
11. Tom R. Tyler (1997), ‘Procedural Fairness and Compliance with the Law’
12. Bruno S. Frey, Matthias Benz and Alois Stutzer (2004), ‘Introducing Procedural Utility: Not Only What, but Also How Matters’
13. Marius van Dijke and Peter Verboon (2010), ‘Trust in Authorities as a Boundary Condition to Procedural Fairness Effects on Tax Compliance’
14. Richard H. McAdams (2010), ‘Economic Costs of Inequality’

A. Frameworks and Tradeoffs
15. Amartya Sen (1996), ‘On the Foundations of Welfare Economics: Utility, Capability, and Practical Reason’
16. Kenneth J. Arrow (1979), ‘The Trade-off Between Growth and Equity’
17. Elizabeth Anderson (2008), ‘How Should Egalitarians Cope with Market Risks?’

B The ‘Fairness versus Welfare’ Debate
18. Louis Kaplow and Steven Shavell (1999), ‘The Conflict between Notions of Fairness and the Pareto Principle’
19. Louis Kaplow and Steven Shavell (2001), ‘Any Non‐Welfarist Method of Policy Assessment Violates the Pareto Principle’
20. Richard Craswell (2003), ‘Kaplow and Shavell on the Substance of Fairness’
21. Jeremy Waldron (2003), ‘Locating Distribution’
22. Lewis A. Kornhauser (2003), ‘Preference, Well‐Being, and Morality in Social Decisions’
23. Louis Kaplow and Steven Shavell (2003), ‘Fairness versus Welfare: Notes on the Pareto Principle, Preferences, and Distributive Justice’
24. Gillian K. Hadfield (2005), ‘Feminism, Fairness, and Welfare: An Invitation to Feminist Law and Economics’

C Redistributing Through Taxes versus Legal Rules
25. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’

26. Christine Jolls (1998), ‘Behavioral Economics Analysis of Redistributive Legal Rules’
27. Chris William Sanchirico (2000), ‘Taxes versus Legal Rules as Instruments for Equity: A More Equitable View’
28. Louis Kaplow and Steven Shavell (2000), ‘Should Legal Rules Favor the Poor? Clarifying the Role of Legal Rules and the Income Tax in Redistributing Income’

A. Fairness and Efficiency in Policy Design
29. H. Peyton Young (1995), ‘Dividing the Indivisible’
30. Matthew D. Adler (2008), ‘Risk Equity: A New Proposal’
31. David Weisbach and Cass R. Sunstein (2009), ‘Climate Change and Discounting the Future: A Guide for the Perplexed’

B. Fairness and Efficiency Across Doctrinal Areas
1. Tax Policy
32. Boris I. Bittker (1979), ‘Equity, Efficiency, and Income Tax Theory: Do Misallocations Drive Out Inequities?’

2. Property
33. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of "Just Compensation" Law’

3. Contracts
34. Ernst Fehr, Oliver Hart and Christian Zehnder (2011), ‘Contracts as Reference Points – Experimental Evidence’

4. Torts
35. Henrik Lando (1997), ‘An Attempt to Incorporate Fairness into an Economic Model of Tort Law’

5. Criminal Law
36. A. Mitchell Polinsky and Steven Shavell (2000), ‘The Fairness of Sanctions: Some Implications for Optimal Enforcement’

6. Family Law
37. Jon Elster (1987), ‘Solomonic Judgments: Against the Best Interests of the Child’
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