A Kantian critique of neoclassical law and economics
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.
Volume (Year): 18 (2006)
Issue (Month): 2 ()
|Contact details of provider:|| Web page: http://www.tandfonline.com/CRPE20|
|Order Information:||Web: http://www.tandfonline.com/pricing/journal/CRPE20|
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-66, June.
- White, Mark D., 2004. "Can homo economicus follow Kant's categorical imperative?," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 33(1), pages 89-106, March.
- Lanse Minkler, 1999. "The Problem with Utility: Toward a Non-Consequentialist/Utility Theory Synthesis," Review of Social Economy, Taylor & Francis Journals, vol. 57(1), pages 4-24.
- Mark White, 2004. "Preaching to the choir: A response to Kaplow and Shavell's Fairness Versus Welfare," Review of Political Economy, Taylor & Francis Journals, vol. 16(4), pages 507-515.
When requesting a correction, please mention this item's handle: RePEc:taf:revpoe:v:18:y:2006:i:2:p:235-252. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Michael McNulty)
If references are entirely missing, you can add them using this form.