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Law, Economics, and Morality$
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Eyal Zamir and Barak Medina

Print publication date: 2010

Print ISBN-13: 9780195372168

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195372168.001.0001

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Addressing Possible Objections

Addressing Possible Objections

Chapter:
(p.105) five Addressing Possible Objections
Source:
Law, Economics, and Morality
Author(s):

EYAL ZAMIR

BARAK MEDINA

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195372168.003.05

This chapter tackles a number of methodological and principled objections to the incorporation of deontological constraints into economic analysis. It discusses the claims that such incorporation would adversely affect the normative neutrality of economic analysis; that monetizing deontological constraints faces insurmountable obstacles; that it would lead to setting too low thresholds for constraints; and that it is incompatible with the expressivist role of the law. It concludes that most of these objections are unpersuasive, and none is conclusive.

Keywords:   incommensurability, monetization, role of law, commodification, normative neutrality, willingness to pay

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