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A Kantian critique of neoclassical law and economics

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Author Info
Mark White
Abstract

This paper outlines a critique of neoclassical law and economics based on the ethics of Immanuel Kant, focusing on four central topics: efficiency as the sole evaluative criterion for policy-making, hypothetical compensation in Kaldor--Hicks efficiency, the instrumental nature of rights and the assumption of reciprocal causation, and the role of punishment to both society and the individual. This overview addresses issues of concern not just to Kantians, but to anyone dissatisfied with the utilitarian foundations of law and economics and the amoral view of law upon which it is based.

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Publisher Info
Article provided by Taylor and Francis Journals in its journal Review of Political Economy.

Volume (Year): 18 (2006)
Issue (Month): 2 (April)
Pages: 235-252
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Handle: RePEc:taf:revpoe:v:18:y:2006:i:2:p:235-252

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  1. White, Mark D., 2004. "Can homo economicus follow Kant's categorical imperative?," The Journal of Socio-Economics, Elsevier, vol. 33(1), pages 89-106, March. [Downloadable!] (restricted)
  2. Minkler, Lanse, 1999. "The Problem with Utility: Toward a Non-consequentialist/Utility Theory Synthesis," Review of Social Economy, Taylor and Francis Journals, vol. 57(1), pages 4-24, March.
  3. Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-66, June.
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This page was last updated on 2009-12-10.


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