In Fairness versus Welfare (2003), Louis Kaplow and Steven Shavell provide a manifesto for normative law and economics … a preferentialist account of welfare. We argue in this paper that this normative program faces serious challenges from … recent behavioral insights that push back against a core assumption of a preferentialist welfare analysis, i. e., that people …

of the Welfare State. However, while these theories may be suited for explaining the development of public insurance or … theories, such as inequality-averse social welfare functions or fairness criteria. It is shown how both approaches can be … incorporation of individuals' altruistic feelings in social welfare functions. …

We consider the relative robustness of libertarian anarchy and liberal democracy to meddlesome preferences … wish to prevent them from doing so. We show that intense, concentrated meddlesome preferences are more likely to produce … illiberal law in anarchy while weak, dispersed meddlesome preferences are more likely to do so in democracy. Using insights from …

The Chichilnisky criterion is an explicit social welfare function that satisfies compelling conditions of … Markov equilibria in the game that generations with Chichilnisky preferences play, this paper shows how nevertheless this …