Wealth Maximization and Judicial Decision Making: The Issues Further Clarified
We welcome Richard Posner’s response1 to our article,2 which surveyed and interpreted his first 120 appelate opinions. His response has helped clarify the issues between him and those who find that the wealth maximizing criterion is not precisely what he thinks it is; that is, that the content of judicial decision involves something quite different from what he thinks it does — even though he now sits on the bench and we are laymen.
KeywordsCourt Decision Judicial Decision Price Structure Circularity Argument Circularity Problem
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