CONTENTS -- Prologue -- Acknowledgments -- PART ONE: FRAMEWORK -- I. Introduction -- II. Welfare Economics and Notions of Fairness -- A. Welfare Economics -- 1. Individuals' Well-Being -- 2. Social Welfare and Individuals' Well-Being -- 3. Comments on Social Welfare and the Distribution of Income -- 4. Concluding Remark -- B. Notions of Fairness -- 1. The Basic Nature of Notions of Fairness -- 2. Further Comments on Notions of Fairness -- C. Overview of Our Argument -- 1. The Argument for Welfare Economics and against Notions of Fairness -- 2. On the Rationale for Notions of Fairness -- D. Notions of Fairness and Social Norms -- 1. The Nature of Social Norms -- 2. Implications for the Role of Notions of Fairness in Legal Policy Analysis -- PART TWO: ANALYSIS -- III. Torts -- A. Welfare Economics and Tort Law -- B. Notions of Fairness and Tort Law -- 1. Notions of Fairness -- 2. Comments on the Literature -- C. Welfare Economics versus Fairness in Paradigmatic Accident Situations -- 1. Reciprocal Accidents -- 2. Nonreciprocal Accidents -- D. Welfare Economics versus Fairness in Paradigmatic Accident Situations: The Case in Which Harm Is Uncertain -- 1. Reciprocal Accidents -- 2. Nonreciprocal Accidents -- E. The Appeal of Notions of Fairness and Its Implications -- 1. Social Norms and Notions of Fairness -- 2. Implications for the Role of Notions of Fairness in Legal Policy Analysis -- 3. Remark on the Concepts of Injurer and Victim -- 4. Remark on the Ex Post Character of Notions of Fairness -- F. The Extent to Which the Use of Notions of Fairness Has Led Us Astray -- IV. Contracts -- A. Welfare Economics and the Enforcement of Contracts -- B. Notions of Fairness and the Enforcement of Contracts -- 1. Promise-Keeping -- 2. The View That Breach Is Akin to a Tort -- 3. Further Comments on the Literature.

C. Welfare Economics versus Fairness and the Enforcement of Contracts -- 1. Complete Contracts -- 2. Incomplete Contracts -- D. Additional Considerations -- 1. Distribution of Income -- 2. Advantage-Taking -- 3. The Extent to Which the Use of Notions of Fairness Has Led Us Astray -- V. Legal Procedure -- A. Ability to Bring Suit -- 1. Welfare Economics and the Ability to Bring Suit -- 2. Notions of Fairness and the Ability to Bring Suit -- 3. Description of a Basic Case -- 4. Effects of the Legal Rules -- 5. Normative Assessment -- 6. The Appeal of Notions of Fairness and Its Implications -- 7. Remarks on the Generality of Our Results -- 8. The Extent to Which the Use of Notions of Fairness Has Led Us Astray -- B. Accuracy in Adjudication -- 1. Welfare Economics and Accuracy in Adjudication -- 2. Notions of Fairness and Accuracy in Adjudication -- 3. Basic Case: Accuracy in Assessing Damages and the Benefit of Inducing Behavior in Accordance with Legal Rules -- 4. Variations: Accuracy in Determining Damages -- 5. Variations: Accuracy in Determining Liability -- 6. Remarks -- 7. The Extent to Which the Use of Notions of Fairness Has Led Us Astray -- C. Additional Reasons Why Legal Procedures May Be Valued -- 1. Possible Tastes for Procedural Fairness -- 2. Other Ways in Which Procedures May Enhance Individuals' Well-Being -- VI. Law Enforcement -- A. Welfare Economics and Law Enforcement -- B. Notions of Fairness and Law Enforcement -- 1. Notions of Fairness -- 2. Comments on the Literature -- C. Welfare Economics versus Fairness and Law Enforcement -- 1. Fair Punishment and Deterrence in a Paradigm Case -- 2. Variation of the Paradigm Case: Different Crimes -- 3. Variation of the Paradigm Case: Imperfect Deterrence -- 4. Variation of the Paradigm Case: Punishment of the Innocent -- D. The Appeal of Notions of Fairness and Its Implications.

1. The Origins and Functions of Notions of Fairness -- 2. Implications for the Role of Notions of Fairness in Legal Policy Analysis -- 3. Remark on the Ex Post Character of Notions of Fairness -- E. The Extent to Which the Use of Notions of Fairness Has Led Us Astray -- PART THREE: EXTENSIONS -- VII. On the Use of Notions of Fairness and Welfare Economics by Different Types of Actors -- A. Ordinary Individuals -- B. Legal Academics -- 1. The Appeal of Notions of Fairness to Legal Academics -- 2. Why Legal Academics Should Be Guided by Welfare Economics -- 3. Reminder of the Ways in Which Notions of Fairness Are Relevant for Legal Policy Analysis under Welfare Economics -- C. Government Decisionmakers -- VIII. Comments on the Breadth and Soundness of Welfare Economics -- A. Design of Legal Institutions -- 1. Accuracy -- 2. Controlling Government Officials' Behavior -- 3. Legitimacy of Legal Institutions -- 4. Administrative Costs -- B. Preferences and Individuals' Well-Being -- 1. Imperfect Information and Other Limitations on Individuals' Decisionmaking -- 2. The Effect of the Law on Preferences -- 3. Trumping Objectionable Preferences -- 4. Tastes for Notions of Fairness -- C. Bad Luck and Inequality -- 1. Bad Luck: Ex Ante versus Ex Post Evaluation -- 2. Equality and Equal Treatment -- D. Additional Concerns about the Application of Welfare Economics -- 1. Difficulty in Valuing Life, Pain and Suffering, and Other Nonpecuniary Factors -- 2. Omission of "Soft" Variables -- 3. Possible Costs of Permitting Market Trade -- 4. Indeterminacy -- 5. The Difficulty of Predicting the Behavior of Individuals, Who Are Not Always Rational Maximizers of Their Own Well-Being -- IX. Conclusion -- References -- Index.