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Rational Legal Decision-Making, Value Judgment, and Efficient Precaution in Tort Law

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  • Mingli Zheng
  • Sajid Anwar

Abstract

By reinterpreting Savage's axioms as axioms of the social rationality over resource allocations, we derive a social welfare function encompassing individual social values and a social attitude towards distributional inequality. Wealth maximization becomes the purpose of law only if individuals have equal social values and the society does not care about distributional inequality. In tort law, when the injurer is less socially valued than the victim, the society imposes a stricter due-precaution level, and punitive damages will be awarded. Tort law also implicitly transfers wealth from the less socially valued party to the more socially valued party.

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Bibliographic Info

Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.

Volume (Year): 161 (2005)
Issue (Month): 3 (September)
Pages: 411-

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Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200509)161:3_411:rldvja_2.0.tx_2-a

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  1. Itzhak Gilboa & David Schmeidler, 1992. "Additive Representation of Non-Additive Measures and the Choquet Integral," Discussion Papers 985, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
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  6. BLACKORBY, Charles & BOSSERT, Walter & DONALDSON, David, 2002. "In Defense of Welfarism," Cahiers de recherche 2002-02, Universite de Montreal, Departement de sciences economiques.
  7. Mongin, P., . "Consistent Bayesian aggregation," CORE Discussion Papers RP -1176, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
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