Taking unconsidered preferences seriously

2006 ◽  
Vol 59 ◽  
pp. 209-232 ◽  
Author(s):  
Robert Sugden

In normative economic analysis, it is conventional to treat each person’s preferences as that person’s own standard of value, and as the standard by which the effects of public policies on that person should be valued. The proposal that preferences should be treated in this way is usually qualified by two apparently natural conditions—that preferences are internally coherent, and that they reflect the considered judgements of the person concerned. However, there is now a great deal of evidence suggesting that, in many economic environments, preferences of the required kind simply do not exist. It seems that the preferences that govern people’s actual behaviour are often incoherent and unstable. This prompts the following question: Is there a defensible form of normative economics which respects each individual’s actual preferences, whatever form they take? I shall try to show that there is.

2006 ◽  
Vol 59 ◽  
pp. 209-232
Author(s):  
Robert Sugden

In normative economic analysis, it is conventional to treat each person's preferences as that person's own standard of value, and as the standard by which the effects of public policies on that person should be valued. The proposal that preferences should be treated in this way is usually qualified by two apparently natural conditions—that preferences are internally coherent, and that they reflect the considered judgements of the person concerned. However, there is now a great deal of evidence suggesting that, in many economic environments, preferences of the required kind simply do not exist. It seems that the preferences that govern people's actual behaviour are often incoherent and unstable. This prompts the following question: Is there a defensible form of normative economics which respects each individual's actual preferences, whatever form they take? I shall try to show that there is.


2011 ◽  
Vol 33 (3) ◽  
pp. 335-355 ◽  
Author(s):  
JOSÉ M. EDWARDS ◽  
SOPHIE PELLÉ

The aim of this paper is to explain the process of diversification of normative economics by presenting the work of two authors—Tibor Scitovsky (1910–2002) and Amartya Sen (1933–). While these two authors first contributed to traditional welfare analysis from within, they were subsequently involved in the development of two different, and even opposed, programs: the economics of happiness; and the capability approach. They focused on different concepts of well-being: the “joy” of satisfied consumers for Scitovsky; and the “capabilities” of deprived individuals for Sen. In imposing new theoretical frameworks and applications, as well as new concepts of well-being, which are measureable, the capability approach and the economics of happiness represent two major attempts to renew normative economic analysis.


Author(s):  
Marcia Carla Pereira Ribeiro ◽  
Luis Alberto Hungaro

Resumo:O artigo analisa o ativismo do Poder Judiciário na concessão de medicamentos não contemplados nos protocolos oficiais e os potenciais efeitos na implementação de políticas públicas pelo Poder Público na área da saúde. Para tanto, utilizou-se da ferramenta da Análise Econômica do Direito, especialmente do conceito de racionalidade limitada, referente à limitação informacional dos operadores de direito, e do princípio da eficiência, o qual se relaciona com a implementação de recursos escassos visando à obtenção de soluções de maior eficiência econômica e social. Decisões judiciais foram cotejadas aos princípios econômicos no intuito de verificar as potenciais implicações decorrentes do ativismo judicial. A interpretação ampla concedida ao direito à saúde, destituída da necessária observância dos limites decorrentes de sua individualização, importa tratamento desigual, impondo ao Poder Público o ônus de prover tratamentos individuais de custos superiores ao que o sistema é capaz de fornecer comprometendo a eficácia social e econômica de políticas públicas voltadas à saúde.Palavras-chave: Concessão de Medicamentos; Ativismo Judicial; Análise Econômica do Direito; Políticas Públicas. Abstract:The article examines the activism of the judiciary in granting medicines not included in official protocols and the potential effects on the implementation of public policies by the government in health care. Therefore, we used the tool of Economic Analysis of Law, especially the concept of bounded rationality on the informational limitations of law enforcement officers, and the principle of efficiency, which relates to the implementation of limited resources in order to obtain solutions of greater economic and social efficiency. Judicial decisions were collated to economic principles in order to examine the potential implications of judicial activism. The broad interpretation given to the right to healthcare, devoid of proper compliance with the limits of its individualization, it unequal treatment, imposing upon the Government the burden of providing individual treatments in excess of the costs that the system is able to provide compromising efficacy and social of economic policies geared towards health.Keywords: Provision of Medicines; Judicial Activism; Economic Analysis of Law; Public Policies.


2012 ◽  
Vol 49 (No. 8) ◽  
pp. 352-356
Author(s):  
P. Bielik

In the framework of Slovakia entering into the European Union, there was done a PHARE-ACE survey in years 1999–2000. The name of this survey was “Micro-economic analysis of farming households restructuring in pre-accession period to the EU”. The survey was finished in 2002. This survey was done in two regions of Slovakia, characterized by different natural conditions, production and economic conditions. This project was aiming not only at private farmers but also at other legal entities producing agricultural products. The monitored group consisted of 412 private farmers, farming in average 43.2 ha of agricultural land. Most of them are farming on 0–2 ha of agricultural land (20.8%) and on 25–100 ha of agricultural land (20.1%).


1998 ◽  
Vol 28 (3) ◽  
pp. 725-740 ◽  
Author(s):  
Mark Thornton

The high potency of narcotics is used as a justification for making them illegal. An economic analysis of drug potency shows that public policies such as excise taxes and prohibitions provide the incentives to make and consume more potent drugs and that such policies provide an economic “gateway” for the introduction of new, highly potent drugs. Historical evidence from national alcohol prohibition and the war on drugs supports these findings.


2021 ◽  
Vol 118 ◽  
pp. 01013
Author(s):  
Alina Dmitrievna Khokhlova

The purpose of the research is to justify the productivity of the application of one of the two most common criteria of economic efficiency (V. Pareto principle) in Russian judicial practice. Justification is carried out by identifying the content of the Pareto criterion, assessing examples of its application by Russian courts and determining the conditions and limitations of such application. The methodological basis of work was the formal-legal method, which allowed to analyze the texts of judicial decisions on the use by the court of normative economic analysis of law; the comparative method, which was used to compare the theoretical foundations and practical features of the criterion of economic efficiency by the Russian judiciary. The results of the research were the author’s conclusions about the applicability of the Pareto criterion in the Russian reality and the formulation of the most likely areas of its use by the courts. Law as an object of scientific knowledge cannot be studied in isolation from its social, cultural, political and economic assumptions, as it is a central tool by which the state affects the economic well-being of society. To improve the practice of using this tool, it seems necessary to evaluate it from the standpoint of economic efficiency. In this regard, the further vector of evolution of Russian law will be more and more active use of methodological developments of economic theory, the application of the economic analysis of law developed in the United States in law enforcement practice. This leads to the need for interdisciplinary research on the conceptual and practical problems of using this direction in Russia. The novelty of the research lies in a comprehensive approach, to the problem of applicability of normative economic analysis of law in the judicial practice of the Russian Federation.


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