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Law, Economics, and Morality
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Law, Economics, and Morality

Eyal Zamir and Barak Medina

Abstract

Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms t ... More

Keywords: economic analysis, consequentialism, cost-benefit analysis, deontology, fight on terrorism, freedom of speech, antidiscrimination, paternalism, contract remedies, misrepresentation

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780195372168
Published to Oxford Scholarship Online: May 2010 DOI:10.1093/acprof:oso/9780195372168.001.0001

Authors

Affiliations are at time of print publication.

Eyal Zamir, author

Barak Medina, author

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