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Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Matthew Adler

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how ... More


Well-Being and Interpersonal Comparisons

Matthew D. Adler

in Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Drawing from the philosophical literature, this chapter offers an analysis of well-being in terms of fully informed, fully rational, extended preferences. This account is preferentialist, but it does ... More


Lifetime Prioritarianism

Matthew D. Adler

in Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.003.0007
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The formal structure of welfarism is oriented around lifetime well-being. The social welfare function (SWF) approach is framed in whole-lifetime terms. The elements of U are lifetime utility ... More


Ranking Actions: Prioritarianism under Uncertainty

Matthew D. Adler

in Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The prior four chapters focused on developing tools for constructing and morally ranking an outcome set: tools that include an account of well-being, principles for measuring well-being using a set U ... More


The Empirical Method

Tony Honoré

in Ulpian: Pioneer of Human Rights

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199244249
eISBN:
9780191705212
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244249.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter deals with Ulpian’s method of solving legal problems. His method is empirical in that he likes to proceed by trial and error, comparing examples to see where to draw the line between ... More


Afterword What Has Philosophy to Learn from Tort Law?

BERNARD WILLIAMS

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0022
Subject:
Law, Philosophy of Law

Philosophy might learn from tort law the difference between practical reality and philosophical frivolity. J. L. Austin was disposed to give that answer. Austin said that it was common sense or, ... More


Law-Community Agreement and Conflict, and Its Implications

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0017
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter first discusses how the criminal law does often agree with community intuitions, but it also often conflicts with lay judgments of justice. It builds on the discussion of the “utility of ... More


James C. Carter’s Natural Law Theory of Custom

James Bernard Murphy

in The Philosophy of Customary Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199370627
eISBN:
9780199370641
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199370627.003.0004
Subject:
Law, Philosophy of Law

Carter is the chief American representative of the historical school of jurisprudence. Carter pioneers an anthropological and sociological approach to law, by arguing that men are ruled in fact by ... More


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