Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba...
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Transcript of Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba...
![Page 1: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/1.jpg)
Fairness Versus Welfare by Luis Kaplow and Steven Shavell
Critique
June 25, 2002 Discussion
By Luba Berdsley, LEGLR
![Page 2: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/2.jpg)
Lawyer’s Interpretation
• Society objective is to maximize welfare (well-being of individuals)
• Welfare maximization rather than fairness should determine legal rules, including rules for admissibility of case and legal process
• Definition of fairness is unclear though it appears to overlap with the notion of well-being
![Page 3: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/3.jpg)
Quantity of Rights Vs Quality of Justice in Transition Countries
• Explosion of rights without considering the costs
• Inability to enforce due to lack of resources and capacity
• Absence of policies for addressing the trade-off between the rights and cost of their enforcement (“legal policy”)
• External pressures
![Page 4: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/4.jpg)
Policy Implications of the Trade-off between Rights and Costs
• Prioritizing rights and the areas where the state assumes responsibility for their enforcement
• Sensitivity to local capacity– Resources– Human capital
![Page 5: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/5.jpg)
Book’s Value Added
• Shakes the dogma about the absolute values of rights
• Introduces a new dimension to justice sector reform
• Encourages a more realistic approach to development
![Page 6: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/6.jpg)
Remaining Challenges
• Measuring externalities
• Overcoming political pressures
• Integrating the concept of relativity of justice into development theory and practice– By the governments– By the Bank and other donors
![Page 7: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/7.jpg)
Relativity of Justice
• Justice depends on welfare of society and is relative
• Rich countries can always afford more justice than poor countries
• Poor countries should be very selective in what rights they make enforceable
![Page 8: Fairness Versus Welfare by Luis Kaplow and Steven Shavell Critique June 25, 2002 Discussion By Luba Berdsley, LEGLR.](https://reader036.fdocuments.in/reader036/viewer/2022072114/56649d145503460f949e8afa/html5/thumbnails/8.jpg)
Globalization
• Should we have minimum standards of justice?
• Is the international community equipped to support such standards with external funding?