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Les Théories de la Justice Vues par un Économiste

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  • Claude Gamel

    () (Aix-Marseille University (Aix-Marseille School of Economics), CNRS & EHESS)

Abstract

Concerning theories of justice, law and economics seem to advance along divergent lines: whereas the jurist does not argue any longer for what is “just” nor does he cares about the aim of the law, the economist again gives attention to questions of justice, which is one important subject of “economic philosophy”. For a long time the debate about “old” and “new” welfare economics gave the analysis a “welfarist” orientation (I); in this paper we also glance over the main research fields explored nowadays by the economist, all of them being identified with its specific methodological approach: Rawls’ “contractualism” gives access to the first “post-welfarist” field, which has renewed normative economics (II). In such a favorable context, Hayek’s “evolutionism” receives more attention as a “non welfarist” theory which otherwise could have remained at the margin of the economic thought (III). Lastly, Sen’s “comparatism” has become a second “post-welfarist” theory which insists on his complete autonomy towards the first one (IV). Each of these four economics-based approaches can of course be prolonged up to the domain of law.

Suggested Citation

  • Claude Gamel, 2012. "Les Théories de la Justice Vues par un Économiste," AMSE Working Papers 1226, Aix-Marseille School of Economics, Marseille, France, revised 05 Oct 2012.
  • Handle: RePEc:aim:wpaimx:1226
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    File URL: http://www.amse-aixmarseille.fr/sites/default/files/_dt/2012/wp_2012_-_nr_26.pdf
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    References listed on IDEAS

    as
    1. Varian, Hal R., 1974. "Equity, envy, and efficiency," Journal of Economic Theory, Elsevier, vol. 9(1), pages 63-91, September.
    2. Claude Gamel, 2006. "Hayek et Rawls sur la justice sociale : les différences sont-elles «plus verbales que substantielles» ?," Working Papers halshs-00409672, HAL.
    3. Claude Gamel, 2010. "QUE FAIRE DE « L'APPROCHE PAR LES CAPACITES » ? Pour une lecture « rawlsienne » de l'apport de Sen," Working Papers halshs-00519630, HAL.
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    Welfare economics; welfarism; contractualism; evolutionism; comparatism.;

    JEL classification:

    • A12 - General Economics and Teaching - - General Economics - - - Relation of Economics to Other Disciplines
    • B41 - Schools of Economic Thought and Methodology - - Economic Methodology - - - Economic Methodology
    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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