Legal Interference with Private Preferences
46 Pages Posted: 11 Oct 2019
Date Written: 1986
Abstract
There are distortions in a system based on private preferences, analogous to the problems of "market failure" that frequently call for government action. Because of such distortions, significant dangers lie in any approach that would treat private preferences, as expressed in markets, as exogenous variables. Even outside of the traditional category of harm to others, the legal system does and should attempt to shape private choices. Whether the ultimate goal is liberty or welfare, there will often be important gains from government action that decides on ends rather than simply implements them.
Suggested Citation: Suggested Citation
Sunstein, Cass R., Legal Interference with Private Preferences (1986). University of Chicago Law Review, Vol. 53, No. 4, 1986, Available at SSRN: https://ssrn.com/abstract=3462594 or http://dx.doi.org/10.2139/ssrn.3462594
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