Rational Legal Decision-Making, Value Judgment And Efficient Precaution In Tort Law
- Topics:
- Decision making
- Tags:
- Decision-making,
- DWORKIN,
- IBM Corp.,
- Management,
- Resource Allocation,
- Tools & Techniques,
- University Of Macau
- Source:
- University of Macau
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Overview: Although legal decision-making in real life is not based on individual utilities, social wealth maximization is also an over-simplified view for legal decision-making. DWORKIN argues that wealth is neither a value nor an instrument of social value. Some critical legal studies, for example, FITAPATRICK and HUNT assert that law systematically protects the interests of the more socially valued parties, thus does not maximize social wealth. This paper uses the resource allocations, instead of individual utilities, as the consequence space for social welfare. The use of such social welfare functions is justified by the social rationality over resource allocations, as rationality and consistency are basic requirements of legal decision-making.
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Format: PDF | Date: Dec 2004 | Pages: 28
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