Moral Uncertainty and Redistribution through Private Law

Research output: Contribution to journalReview articlepeer-review

Abstract

One of the central arguments against redistribution through private law is its inefficiency due to the double-distortion phenomenon that accompanies it. I argue that in a subset of cases-in which there is uncertainty regarding the fairness principle that should be accepted in the realm of private law-it may be required to take into account redistributive considerations even if one generally accepts the double-distortion argument. I assert that while side-constraints may apply to direct redistribution, they do not apply to the role of redistributive considerations in determining which of the fairness principles should be accepted in the realm of private law. As a consequence, some distributive patterns could be achieved only by taking into account redistributive considerations in the realm of private law. I argue that redistributive considerations may tilt the scales toward accepting the fairness principle with the lower credence of being true.

Original languageEnglish
Pages (from-to)371-384
Number of pages14
JournalCanadian Journal of Law and Jurisprudence
Volume29
Issue number2
DOIs
StatePublished - 1 Aug 2016

All Science Journal Classification (ASJC) codes

  • Law

Fingerprint

Dive into the research topics of 'Moral Uncertainty and Redistribution through Private Law'. Together they form a unique fingerprint.

Cite this