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Full-Text Articles in Jurisprudence

Future Generations: A Prioritarian View, Matthew D. Adler Sep 2009

Future Generations: A Prioritarian View, Matthew D. Adler

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Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather …


Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang Jan 2002

Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang

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No abstract provided.


Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang Jan 2002

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

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No abstract provided.


Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein Jan 2001

Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein

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No abstract provided.


A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang Jan 2000

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

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No abstract provided.


The Possibility Of A Fair Paretian, Howard F. Chang Jan 2000

The Possibility Of A Fair Paretian, Howard F. Chang

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No abstract provided.


The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp Jan 1994

The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp

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America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …


Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer Jan 1989

Government "Largesse" And Constitutional Rights: Some Paths Through And Around The Swamp, Seth F. Kreimer

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No abstract provided.


The Twilight Of Welfare Criminology, Stephen J. Morse Jan 1977

The Twilight Of Welfare Criminology, Stephen J. Morse

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No abstract provided.


The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse Jan 1976

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

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No abstract provided.