| | Clifford Cobb / Review of From Posner to Post-Modernism |
 | | The general approach has been to argue that 1) clarification of property rights is a necessary condition for economic efficiency and wealth maximization, and 2) judges and legislators should weigh costs and benefits in accordance with the Kaldor-Hicks efficiency criterion rather than the Pareto efficiency criterion. |
 | | It differs from the Chicago school in that its adherents believe that 1) statutory law and regulations are often more efficient and equitable than common law, 2) distributional considerations are as important as allocative efficiency, 3) nonmonetary considerations should enter the calculus of justice, and 4) certain rights are nonalienable or nonfungible. |
 | | On that basis, they have claimed that the common law yields efficient results and that it should not be overridden by statutes, even when there is evidence of market failure. |
| www.cooperativeindividualism.org /cobb_lawandeconomics.html (1174 words) |