Wealth Maximization and Judicial Decision Making: The Issues Further Clarified

  • Warren J. Samuels


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.


Court Decision Judicial Decision Price Structure Circularity Argument Circularity Problem 
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  1. 1.
    R. A. Posner, ‘Wealth Maximization and Judicial Decision Making’, International Review of Law and Economics, vol. 4 (1984) p. 131.CrossRefGoogle Scholar
  2. 2.
    W. J. Samuels and N. Mercuro, ‘Posnerian Law and Economics on the Bench’, International Review of Law and Economics, vol. 4 (1984) p. 107.CrossRefGoogle Scholar
  3. 17.
    J. M. Buchanan, ‘Good Economics — Bad Law’, Virginia Law Review, vol. 60 (1974) pp. 483, 491–2.CrossRefGoogle Scholar

Copyright information

© Warren J. Samuels 1992

Authors and Affiliations

  • Warren J. Samuels
    • 1
  1. 1.Michigan State UniversityUSA

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