The Kaplow/Shavell thesis can be simply stated: If courts or legislatures pursue any value other than general public welfare, then welfare is to that extent diminished. Justice is one of those values that detract from welfare. But so too is injustice. Hence their entire thesis is a tautology.
Date of this Version
Anthony D'Amato, "Why Be Fair When You Can Have Welfare?" (August 2003). Public Law and Legal Theory Papers. Working Paper 23.