The Yale Law Journal

Howard F. Chang


Rejoinder: The Possibility of a Fair Paretian

Howard F. Chang

110 Yale L.J. 251 (2000)

In their reply to my article, Kaplow and Shavell deny that either F* or F** is "a Pareto-conflict-free notion that is not solely based on individuals' well-being." The basis for their claim is obscure, but Kaplow and Shavell apparently seek to expand their definition of welf…


A Liberal Theory of Social Welfare: Fairness, Utility, and the Pareto Principle

Howard F. Chang

110 Yale L.J. 173 (2000)

Amartya Sen shows how liberal rights can produce outcomes that everyone would prefer to avoid, thereby violating the Pareto principle. Similarly, Louis Kaplow and Steven Shavell identify potential conflicts between the Pareto principle and notions of "fairness," which give we…