In Fairness versus Welfare (2003), Louis Kaplow and Steven Shavell provide a manifesto for normative law and economics. Therein, they spell out the foundations for contemporary law and economics based on a Paretian consequentialist welfarism and a preferentialist account of welfare. We argue in...

Expressive crime contrasts with instrumental crime in that delinquents do not seek material benefits. Law breakers are motivated by the desire to ‘make a statement’, possibly against majority attitudes in the society. Fighting expressive crime is complicated by this fact in that increasing...